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HomeNationalNo criminal charges against RCMP officer who shot and killed Grand Falls-Windsor...

No criminal charges against RCMP officer who shot and killed Grand Falls-Windsor man in 2021: SIRTTAZAA News

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Newfoundland and Labrador’s police watchdog has closed its investigation into the June 2021 shooting death of Roy Freak in Grand Falls-Windsor and said the officer who killed him will not be charged.

In a report released Thursday, Mike King, director of the provincial Serious Incident Response Team, wrote, “I do not think there are reasonable grounds to believe that the subject officer has committed a criminal offence.”

The report doesn’t name Freak — instead, it refers to him as a “person of influence” or “AP” — but the details match the circumstances of his death in 2021. The report also did not name the officer, referring to him as the “subject officer” or “SO.”

Freak, 37, broke into his ex-girlfriend’s home in Monchy Road in the early hours of June 11, 2021, where she lived with her baby and 14-year-old son.

Freak’s ex-girlfriend, Amanda Antley, told CBC News in the weeks after the shooting that he pressed two steak knives to her neck during the break-in. She said he failed the mental health and justice system.

About 12 hours before the shooting, Freak was in police custody for violating a court order, but was released on bail. One of the conditions of his release required him to stay away from Grand Falls-Windsor, but Antill and Freak’s father said his truck was towed, he had no way to get from central Newfoundland to his parents’ home on Fogo Island, and he went 24 hours without essential medication.

Roy Freak broke into his ex-girlfriend’s house and held a knife to her throat, threatening to kill her. (Submitted by Jacqueline Freak)

RCMP have not commented on the incident and have not confirmed Freak’s identity.

According to a witness statement in the SIRT report, a witness, identified as AP’s ex-girlfriend, said she was awakened by the sound of breaking glass and someone rummaging through a kitchen utensil drawer.

The AP kicked in the bedroom door where the woman was with her boyfriend and baby, the report said. The AP, armed with steak knives in each hand, threatened to kill them and attacked the boyfriend, the report said.

The boyfriend picked up the mattress to stop the AP who was attacking the ex-girlfriend with knives. The cut boyfriend also called 911.

When the police arrived, they kicked in the door to enter the house and AP grabbed his ex-girlfriend, dragged her to the floor and used her as a shield as he held knives to either side of her throat. If not, he ordered the police to retreat as he threatened to kill him.

A report released Thursday concluded that the officer who shot and killed Freak acted appropriately under the circumstances. (Anthony Germain/CBC)

An officer used a Taser, which did not incapacitate him because the stun gun’s probes could not penetrate AP’s layers of clothing, according to the report.

“She tried to pull the trigger again, but nothing happened,” reads a witness account from another police officer at the scene.

“After this, she heard the first shot from her left. Then she heard the second shot.”

The officer believed a man would stab him to death

The officer who fired the fatal shot provided a written statement to SIRT through his attorney. The statement notes that AP held out for him, screaming that he was going to kill his ex-girlfriend.

“My client 100 percent believed that the male was going to stab the female and possibly the child,” the statement said.

Amanda Antill, who left holding her and Freak’s baby, says the justice and health care system failed Freak. (Submitted by Amanda Antill)

The officer’s lawyer said his client had no choice and no time to deal with the incident any other way.

“He fired two rounds from his service pistol to stop this assassination attempt,” Lauer wrote.

A use-of-force expert interviewed for the inquiry told the AP there was “the ability, intent and means to cause death or serious bodily harm.”

“I’m opinionated [the officer]”The use of lethal force is measured and appropriate,” the expert wrote.

“There is [the officer] He didn’t fire his weapon, that’s possible [the man] They were able to start stabbing [the woman] and/or her son and perhaps [her boyfriend] Also, many times earlier any authority could have intervened.

Raju said the results of the forensic examination were consistent with the statements of the witnesses.

In the report, the chief medical examiner said the cause of death was a gunshot wound to the chest, with one bullet entering his right forearm, re-entering the chest, and another shot to the right flank.

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