Intent. I've been struggling with that one word since the announcement back in October that a Delta police officer has been charged with second-degree murder.
In a highly unusual and controversial case, Const. Jordan MacWilliams faces the charge for an on-duty shooting that claimed the life of a 48-year-old man during an armed standoff at the Starlight Casino in New Westminster in the fall of 2012. MacWilliams was a member of the Municipal Integrated Emergency Response Team at the time.
Clearly the Independent Investigations Office came across something in its review of the shooting that compelled it to forward a report to Crown counsel, which in turn saw enough evidence to proceed with the murder charge. We have to respect those two offices and the process they follow. We'll also have to wait for the trial, should there be one, to learn all details of this case.
I firmly believe that police officers aren't above the law and they should be held to account for their actions, but I find it hard to comprehend the notion of an officer being charged with seconddegree murder given you have to prove intent for that kind of charge to stick.
This officer, who was carrying out his duties in a highly charged and volatile environment, was there to protect the public and his fellow officers, not to kill the suspect.
That's not to suggest he had free rein to do what he pleased, and it's certainly not meant to minimize the loss of life that occurred on that November day, but it surely has to factor into his state of mind, which plays a big part in these kinds of cases.
It's worth noting that 11 officers in Ontario have been charged with manslaughter or second-degree murder since an Independent Investigations Office-like agency was formed a quarter-century ago. What's most interesting is that each of those officers was subsequently cleared by the courts, with the exception of one that's still waiting for his day before a judge.
I'm not suggesting that will automatically happen in the MacWilliams' case, but Ontario's experience does bolster the notion that it's difficult to find guilt with officers who are carrying out their duties in extreme circumstances.
What we do know for sure is that a tragedy occurred on that fateful day more than two years ago outside a New Westminster casino. A man lost his life and many other lives were changed forever as a result.
The best we can hope for now is for the courts to arrive at a just ruling.
