The second-degree murder charge against a Delta police officer has been dropped.
The Criminal Justice Branch announced Tuesday morning a stay of proceedings in the case against Const. Jordan MacWilliams.
"Based on careful review of the case, CJB has determined that the available evidence no longer satisfies its charge approval standard for the continued prosecution of Cst. MacWilliams for any criminal offence," the statement reads. "As a result, a stay of proceedings was directed in the case."
The charge against McWilliams was announced last October after an Independent Investigations Office investigation into the death of Mehrdad Bayrami following a 2012 armed stand-off with police at a New Westminster casino.
Bayrami was shot following a five-hour armed stand-off outside the Starlight Casino. MacWilliams, a member of the Municipal Integrated Emergency Response Team, was one of many officers responding to the incident.
Police descended on the casino in the early morning hours that day after reports of a domestic disturbance and an armed man with a hostage.
MacWilliams was assigned to the role of lethal overwatch for his team. In that role, it was his responsibility to provide cover for the other officers and to use necessary force if a threat of death of grievous bodily harm was posed.
According to court documents filed in a civil suit launched against MacWilliams by the victim's family, after a considerable amount of time standing in the same spot, Bayrami began walking toward the officers. The commanding officer then ordered officers to use less lethal measures, which consisted of a noise and flash diversionary device and a anti-riot weapon that fires non-lethal rounds.
It was at this time, MacWilliams claims, that Bayrami leveled his gun at him and the other officers with his finger on or near the trigger. Fearing that one or more of the officers could be shot, MacWilliams made the decision to fire his rifle.
The Independent Investigations Office (IIO) launched an investigation following the shooting and Bayrami's death 10 days later.
In the statement issued Tuesday, CJB said that following the second-degree murder charge Crown counsel interviewed more than 35 witnesses, including many of the police officers who were present, as well as the officers in charge of the emergency response operation.
"Based on the file review that has now been conducted in this case, CJB has determined that the available evidence no longer satisfies the charge approval standard for prosecution of Cst. MacWilliams for second degree murder, or any other criminal offence."
Delta police Chief Neil Dubord expressed relief at the announcement.
"Today, we feel an overwhelming sense of relief for Jordan MacWilliams, his family, the men and women of the Delta Police Department, and indeed all police officers across Canada," he said.
"This has been a difficult and trying time for everyone — most especially Constable MacWilliams and his family, and Mr. Bayrami's family. The Delta Police Department wishes to thank everyone for their support during this time."
Crown statement on stay of proceedings in murder charge against Const. Jordan MacWilliams
