The Police Ombudsman, Mrs Nuala O'Loan, has praised a PSNI officer for his courage and restraint when faced with a drunken man armed with an imitation firearm at Coleraine on 3 September 2002.
The man, who was armed with a replica handgun which several witnesses said appeared real, was shot in the leg as he pointed the weapon at an officer and ran towards him.
Mrs O'Loan said given the circumstances, and the fact the man had been given multiple warnings, the officer and other officers also at the scene would have been justified in shooting him sooner.
She added that the officer who discharged the shot could not have been criticized if he had shot the man in the chest as that is what he was trained to do.
The incident happened just before nine o'clock on Tuesday September 3 2002 on the Daneshill Road in the Ballysally Estate in Coleraine. An officer (Constable B) fired one shot at a man (Man A), hitting him in the right leg above the knee.
The circumstances that led to the incident arose from a feud between Man A and another man (Man B.) During the day in question, Man A and a friend had been drinking and consumed 13 pints of lager between them. During their drinking Man A had told his friend he had a BB gun (an intimation firearm designed to fire ballbearings.) Man A stormed off at 18:40 after he and his friend had a disagreement.
Man A was now in an agitated state having consumed a sizeable amount of alcohol, and went in search for Man B. A female witness saw him outside a house holding what she thought was a handgun and contacted the police. A second female witness saw him in the garden outside a house at Oakvale Park. Man A pointed the 'gun' at her, causing her great distress, before walking off.
Man A then went to a house in Daneshill Road, looking for man B. He threatened the occupants in the house with the 'gun'; all of whom believed it was real. At one stage, Man A approached a woman and placed the 'handgun' between her eyes. She feared that she was going to be killed. The woman grabbed the weapon and moved it away from her face. There was struggle and she stumbled backwards. The woman's daughter believed Man A would hurt her mother and all those in the house. When he was satisfied that Man B was not in the house, Man A left.
By this stage, police have arrived at the scene, all wearing PSNI uniform. They found Man A in a car park at Glenburn Crescent. Constable A said he saw Man A from about 30 yards carrying what appeared to be a black hand gun. Man A was shouting incoherently at the officer, who took cover behind a nearby car, close to its engine for self-protection. The Constable believed his life was in danger and drew his personal protection weapon and shouted the warning: " Police. I am armed. Drop your Weapon." Man B replied,"I'll fucking shoot you"
The constable then radioed his position to colleagues and explained that a gun was being pointed at him. Several officers made their way to the area and took cover. The officers also drew their personal protection weapons and shouted similar warnings. A Reserve Constable had made ready his rifle, as he believed Constable A was in danger. Constable D also arrived on the scene, dropped to a kneeling position and made ready his weapon. He did not issue a warning because all the other officers were shouting warnings and he believed he would not be heard.
A woman who had been watching from a bedroom window said she heard the police shout warnings on at least two occasions before she moved away, not wanting to be seen. Another woman who had also been watching from a different house gave a similar account of what she saw.
Man A then walked off down an alleyway towards Daneshill Road, regularly turning and pointing his 'weapon' at the officers who were following him. As he walked out of the alleyway he pointed his 'gun' at Constable B. The Constable drew his police issue weapon and moved to cut off the man's escape. The Constable took a kneeling position, aimed at the man's chest area and shouted" Armed police. Drop the weapon or I will shoot." The location was an open grassy area with nowhere for the officer to take cover.
The man continued to move towards the constable, holding the 'weapon' in front of him, aiming it at the officer. He then began running towards the officer, still pointing the gun. The Constable rose to his feet repeated the warning "Armed police. Put the weapon down or I will shoot," then "I will shoot you". The man made a lunge towards the officer, making a loud roaring noise, while continuing to aim the 'gun'.
The Constable then lowered his aim from the man's torso and discharged one aimed shot, hitting the man on his right leg above his knee. The man fell to the ground and was restrained.
Police Ombudsman Investigation
Police Ombudsman investigators visited the scene, took photographs, conducted house to house inquiries and took written statements from the police officers and a number of witnesses.
One female witness recalled hearing the police shout at least three warnings to Man A asking him to put down his weapon. She said she believed the warnings had been clear and audible. She Man A's actions had been "threatening towards the police." She said it was her opinion that the police could not have known the weapon was imitation and not real.
Both the police officer's weapon and the man's 'gun' were forensically examined. Police Ombudsman investigators observed that man's 'gun' looked indistinguishable from a real weapon. An examination revealed it as a replica loosely based on a Walther PPK. It was test fired and discharged plastic spheres which would have been unlikely to cause injury.
Conclusion.
Police Ombudsman Mrs Nuala O'Loan said: "The evidence supports the fact that Constable B had a genuine belief that his life was in danger and that the only option open to him in an attempt to save his own life was to discharge his weapon. It is accepted that the officer acted with the best of intentions and the force used achieved its objective of preventing harm to the officer and to members of the public. Indeed, given the perceived threat he faced, the officer could not have been criticised if he had shot the suspect in the chest as that is what he had been trained to do.
"This was a dynamic and fluid situation. The Constable had the foresight to change his point of aim from the man's chest to his leg, significantly reducing injury to the 'gunman.'
"Accounts from witnesses shown that Man A was in an aggressive, drunken state and armed with what was perceived to be a real firearm, showed little regard for members of the public, police officers or himself.
"Several witnesses believed the 'gun' to be real. It must also be noted that the incident took place at night. It was dark and the only light which was provided was by street lighting and nearby buildings, making the distinction between a real gun an imitation one very difficult.
"All the police officers showed great restraint in a highly volatile situation. There were a number of times when Man A could have justifiably been shot by the police, yet despite the provocation he offered, the officers showed restraint and sought a peaceful solution to the situation. This is commendable in all the circumstances.
"Constable B acted with great restraint and considerable courage. He should be congratulated for his professional response to a frightening and life-threatening situation. His colleagues deserve similar praise," added Mrs O'Loan.