The B.C. Prosecution Service says it’s no longer pursuing charges against a Chilliwack Mountie who shot and wounded a man who was armed with a barbecue skewer after reviewing expert opinion on the use of force.
It says Const. Keven Biagioni had pleaded not guilty to charges of discharging a firearm with intent, aggravated assault and careless use of a firearm in the January 2021 incident near the Vedder River.
The prosecution service says the case was investigated by the Independent Investigations Office “due to the serious nature of the injuries” suffered by the man, who was shot in the chest.
It says the office determined there were reasonable grounds to believe Biagioni may have committed offences, which led to the charges being laid.
But the service says evidence arose during a preliminary inquiry, which concluded last November, that led to the Crown seeking expert opinion on Biagioni’s use of force.
It says the evidence from the expert report caused Crown counsel to re-evaluate their case and the prosecution service has now decided the evidence no longer meets the charge assessment standard, so proceedings have been stayed.
In its summary of the events, the prosecution service says Biagioni responded to a call from a woman who said her husband assaulted her.
The summary says the man had fled by the time officers arrived, and his wife told them he had been using crack cocaine and was mentally unstable.
About 90 minutes later, police found the man in his truck near the river. The summary says nine officers were involved in the arrest, and all were “designated to use lethal force.”
The report says Biagioni fired at the man twice after he held up a 14-inch barbecue skewer, which another officer had identified as a knife.
The man, who the report says refused orders to drop his weapon, suffered one gunshot wound to the chest but survived.