Dog handler cleared in arrest of vehicle thief

B.C.’s police watchdog has cleared an officer of wrongdoing after a vehicle theft suspect was injured by a police dog in the Okanagan.

The Independent Investigations Office of B.C. (IIO) was tasked with investigating a case that started in Kelowna and ended in Penticton in May of 2023.

The IIO report stated, at approximately 9 p.m. on May 15, plain-clothes RCMP officers identified a stolen pickup truck being driven by a known prolific offender who had reportedly used stolen vehicles to ram police vehicles in the past to evade capture.

He was in the stolen pickup along with another male and two females.

A Police Service Dog (PSD) handler, referred to as the “subject officer,” was called in to assist with the surveillance and potential arrest.

Police followed as the suspects drove to Penticton, during which time the officers reported the occupants engaging in “suspicious behavior, driving slowly around apparently looking for opportunities to commit property crimes.”

At approximately 3 a.m. on May 16, officers observed the occupants steal gasoline by syphoning it from other vehicles.

The pickup then stopped on a dark road beside the Penticton Airport at approximately 3:50 a.m. and the two males left the vehicle and walked away. When they were approximately 300 to 400 metres away from the pickup, three police vehicles pulled up to confront the suspects, one of whom reportedly fled by passing between the police vehicle and the airport fence, though police pursued and found him hiding on a residential property where he was arrested without incident.

The other male suspect, known as the “affected person” (AP), was confronted by the dog handler, who reportedly was yelling commands and telling him he was under arrest.

The suspect attempted to turn to run, and the PSD was deployed.

The dog bit the suspect on the left arm and, along with suffering bites on his arm, the suspect received serious lacerations to his face. He was taken to hospital for treatment.

The AP did not provide a statement to the IIO.

The two females had not left the pickup when officers pulled up and they were arrested without incident.

Upon reviewing the evidence, including statements from a civilian witness and three witness police officers, audio recordings of police radio transmissions, police vehicle data downloads, and medical evidence, the IIO determined the actions of the police dog handler was lawful and that they had not committed the offence of assault.

“On balance, this is not a case in which the actions of the subject officer were clearly unnecessary or unreasonable, and it cannot be said that the deployment of the PSD was a use of excessive force,” the IIO report stated.

“I do not consider that there are reasonable grounds to believe than an officer may have committed an offence under any enactment, and therefore the matter will not be referred to Crown counsel for consideration of charges.”