Delta police Const. Jordan MacWilliams last week told the coroner’s inquest that the situation escalated quickly in the moments before he shot suspect Merhdad Bayrami during a 2012 police standoff.
MacWilliams was a member of the Municipal Integrated Emergency Response Team at the time and was one a several officers that responded to the call of a domestic disturbance at the Starlight Casino in New Westminster on the morning of Nov. 8, 2012.
Bayrami, 48, was armed with a gun and had briefly taken ex-girlfriend Tetiana Piltsina hostage in the parking lot. MacWilliams and two other officers were able to help Piltsina safely get away from Bayrami before the standoff began.
MacWilliams was assigned to the role of lethal overwatch for his team. He was given the responsibility of providing cover for the other officers and to use necessary force if a threat of death or grievous bodily harm was posed.
Bayrami spent most of the next several hours sitting on a paved pathway near the casino as police maintained a perimeter around him. MacWilliams, and several other officers who have testified this week, told the inquest that they were told to give
Bayrami a 20-metre radius to move around in.
After several hours spent sitting on one place with his gun pointed either at his head or stomach, Bayrami got up and started walking around. Initially he was walking in circles but then, MacWilliams said, he began walking toward where the officer and his team, which included officers armed with both lethal and non-lethal weapons, who were taking cover behind an armoured vehicle.
“It seemed very deliberate. He was walking with a purpose towards us,” he said, adding that he didn’t know what Bayrami intended to do, he only concern was watching what he was doing with the gun.
As Bayrami got closer to the officers, MacWilliams said a command was issued to deploy the non-lethal weapons, which included a flash/bang distractionary device and a gun that fires non-lethal rounds. At the same time, he said, he was solely focused on Bayrami’s gun, which had been pointed in the air.
MacWilliams said he saw him begin to bring the weapon down and had it pointing at the officers.
“I was focused entirely on where he was pointing the gun,” he said. “As soon as I saw him point it at us I fired my gun.”
Bayrami was hit and went down quickly dropping the gun.
The 48-year-old Richmond resident was taken to hospital where he died 10 days later.
Another Delta officer, Const. Dave Ogilvy, was also a member of the MIERT at the time and was on scene that morning. He was assigned to the role of sniper. As a sniper, Ogilvy was ready to use lethal force, if needed, but he said his primary role is to provide observations to the rest of the team. The sniper is generally in a position, and has magnification equipment, that allows the officer to better see what’s going on.
Ogilvy told the inquest that from his position he could see that has Bayrami stood up after sitting for an extended period of time, the hammer on the pistol was caulked.
“So it was in a position that would make it more easily fireable,” he said, adding that he was also feathering, putting pressure on and off, the trigger.
“Throughout this process it became clear to me that Mr. Bayrami knew where we were,” Ogilvy said.
He said he was able to read Bayrami’s lips through the scope on his rifle, which has up to 10 times magnification.
At one point, the officer said, Bayrami looked up in his direction and appeared to say, “I have a gun, you have to shoot me.” Ogilvy described him as looking frustrated and disgusted.
The officer, who has been a member of the emergency response team since 2010, said that if, at any point, Bayrami would have pointed his gun in his direction, he would have had the lawful authority to fire his weapon.
MacWilliams was initially charged with second degree murder following an investigation by the Independent Investigations Office. In July, the Criminal Justice Branch announced it was dropping the charges again the officer. A civil suit launched by Bayrami’s daughter was also dismissed late last year.
A coroner’s inquest is usually required when a death occurs while a person is in police custody and involves a jury of between five and seven people and a presiding coroner. The inquest is not a trial to determine guilt, or find fault, but to determine the facts surrounding a death and allow the jury to make recommendations aimed at preventing deaths under similar circumstances.
The hearing is scheduled to continue this week. Testimony was expected to continue through Monday and into Tuesday morning with the jury beginning deliberations Tuesday afternoon.
