Jordan MacWilliams, Delta police officer charged with murder, claims victim pointed gun
A Delta, B.C., police officer charged with second-degree murder claims he shot a hostage-taker out of fear the man would kill himself or others.
In a response to a B.C. Supreme Court lawsuit, Const. Jordan MacWilliams says Mehrdad Bayrami pointed a gun at members of an emergency response team seconds before he was shot.
"Mr. Bayrami moved the position of the handgun in his right hand from pointing more or less straight up in the air to a position where it was levelled and pointed in the direction of Constable MacWilliams," the response reads.
"MacWilliams had a reasonable fear that the handgun would be fired, thereby creating a risk of death or grievous bodily harm to himself or others."
Daughter sues
Bayrami's daughter is suing MacWilliams and the Delta Police Department over the incident, which happened outside the Starlight Casino in New Westminster in November 2012.
MacWilliams has been released on bail and is on paid administrative leave while awaiting trial on the criminal charge.
At the time of the incident, MacWilliams was a member of the Municipal Integrated Emergency Response Team (MIERT), which drew members from Abbotsford, Delta, Port Moody and New Westminster.
Bayrami's shooting resulted in controversy after the decision to charge MacWilliams with second-degree murder, following a report by B.C.'s Independent Investigations Office.
The Delta Police Association sold wristbands to express support for the officer.
In her lawsuit, Nousha Bayrami claims her father was involved in a domestic dispute at the casino, but walked away, alone, to a paved pathway near the casino.
She claims he was backing away, with both arms by his side, when MacWilliams shot him.
'Lethal overwatch'
In his response, MacWilliams claims Bayrami was seen accosting a woman and then firing a gun into her vehicle before dragging her out of the car.
"The confinement of the female victim ended when she was rescued by Constable MacWilliams and two other members of the MIERT," the response reads.
MacWilliams claims the incident then evolved into a standoff.
He says he was assigned the role of "lethal overwatch" for his team, and officers were ordered to give Bayrami a perimeter of 20 metres: "If he moved beyond that perimeter, any level of force, including lethal force, could be utilized."
MacWilliams says officers fired a flash diversionary device and an anti-riot Enfield gun when Bayrami moved outside the 20-metre containment area.
At that point, he claims, Bayrami pointed the gun at himself and two other officers.
"In response to the threat posed by the pointing of the handgun in this way, Constable MacWilliams fired his rifle. Constable MacWilliams does not know whether any round that he fired struck Mr. Bayrami."
Concerns raised
The Municipal Integrated Emergency Response Team was disbanded two months after the shooting as a cost saving.
But according to documents newly obtained by CBC through the Freedom of Information Act, team members were told in June 2012 about the decision to shut down the team.
"The announcement that the potential dissolution of MIERT is expected by year-end has understandably had some impact on the morale of MIERT personnel. Personnel challenges to-date have previously been exhaustively reported on," reads a MIERT report written in 2012.
Another report written in January 2011 raised concerns about lack of experience.
"Some challenges are foreseen for 2011 due to the overall 'juniority' of the group," the report reads.
"A heavy focus on training and operational opportunities will be sought to address these concerns. Part of the concern however is that there are issues in getting junior negotiators the necessary operational experience to maintain their skills."
None of the charges have been proven in court.
