A Nanaimo RCMP officers actions are considered justified, even though they were against an innocent man in the wrong place at the wrong time. (File photo/NanaimoNewsNOW)

By NanaimoNewsNOW Staff

wrong man

Nanaimo RCMP officer cleared of blame after K9 attacks innocent man

Dec 18, 2019 | 3:16 AM

NANAIMO — A Nanaimo RCMP officer will not face charges after his police service dog attacked an innocent man in the chase for another suspect.

A report from the Independent Investigations Office (IIO) released on Wednesday, Dec. 18 said the actions of the K9 were “unfortunate and, it seems, unnecessary,” but weren’t directly ordered by the officer in charge.

The attack happened on July 28, 2019 when the officer and his dog were called to a stretch of rural south Nanaimo along the Trans-Canada Hwy. A man known to police was spotted stripping wire from a lamp standard around 1:30 p.m.

The officer and his dog were brought in to track the suspect into the nearby forest.

Testimony from the officer said “his risk assessment was high, as the suspect had a history of violence and weapon use and was likely in possession of edged instruments used for cutting and stripping wire.”

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Unfortunately, the person they found had none of those qualities.

He was discovered by the police dog hiding behind a nearby tree several minutes into the chase. The dog brought him to the ground with a “severe” grip.

The officer handcuffed the man they found.

It was then he realized the man taken down by the dog was not in fact the suspect who was seen stripping wire.

The report said the man was hiding from the officer since he was living off the grid in the public space. He claimed to have seen the suspect run passed but that was the end of it.

He suffered an arm fracture consistent with struggling against the dog.

“[The man] cannot be blamed for the actions of the dog, but neither can the officer, who was acting in the course of his duty and otherwise justified in his actions with respect to the police service dog,” the report said.

The initial suspect was never found.

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