Charges dropped against RCMP officer who shot suspect brandishing BBQ skewer
Crown Counsel determined there was not a substantial likelihood of conviction
The streak of zero convictions after IIO investigations of violent police arrests in B.C. continues.
The B.C. Prosecution Service (BCPS) announced today (Nov. 26, 2024) that the charges against RCMP Const. Keven Biagioni who shot a suspect in the Lickman Road parking lot by the Rotary Trail on Jan. 12, 2021 have been dropped.
Despite the serious nature of the incident that involved Biagioni shooting a domestic violence suspect in the chest during a standoff with police while brandishing a barbecue skewer, the BCPS said expert witness testimony leads them to believe there is no longer a substantial likelihood of conviction.
After the investigation by the Independent Investigations Office of B.C. (IIO), Biagioni was charged on Nov. 3, 2022, with discharging a firearm with intent, aggravated assault, and careless use of a firearm. The case slowly wended through the courts until a five-day preliminary inquiry last fall.
“Based on the evidence at the preliminary inquiry and the use of force expert’s conclusion that the use of force was reasonable, necessary, and proportionate in the circumstances, Crown Counsel determined that there was no longer a substantial likelihood of conviction and entered a stay of proceedings,” the BCPS said in a news release.
To explain, BCPS applies a two-part test to determine whether charges are approved, and a prosecution is initiated. Crown Counsel measures all available evidence to determine whether there is a substantial likelihood of conviction, and, if so, whether the public interest requires a prosecution. These tests are re-evaluated several times over the course a prosecution.
Biagioni has been back on duty on the streets of Chilliwack for several months now. He also faced a drunk driving charge after a road-rage incident caught on video on Christmas Day 2022. David Bardwell, the man shot by Biagioni filed a lawsuit against the officer, the Minister of Public safety and Solicitor General of B.C., and the Attorney General of Canada. On May 9, 2023, Bardwell was sentenced to time served for the domestic assault case that triggered the entire situation.
• Some more details from the BCPS evidence leading up to the shooting during the arrest:
“The Affected Person (AP) exited the driver’s door holding an item in his hand that was later identified as a 14-inch barbecue skewer. Cst. Biagioni and other officers were directly in front of the AP but protected behind the police vehicles. Another officer, Sgt. Ristau, was positioned with his police service dog (PSD) to the AP’s left. The officers ordered the AP to ‘Drop the weapon’ two or three times. He responded ‘No, that’s not going to happen.’
“The AP was described as irate and aggressive. The AP began moving his feet in a shuffling or rocking motion, and then moved his upper body. Cst. Britton, who was in a good position to make observations, described the AP moving his shoulders in a quick, darting, or lunging motion to his left. The AP raised his hands up to chest level (not in response to a police command to do so), while still holding the barbecue skewer. Sgt. Ristau broadcast ‘knife’ over the radio.
“Cst. Biagioni discharged his firearm twice, one shot striking the AP in the chest. Sgt. Ristau deployed the PSD, which remained on its leash while it took the AP to the ground. The AP was arrested and taken into custody. The AP underwent extensive medical treatment and survived the gunshot wound.”
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