IIO files petition against Vancouver Police chief after investigation stalemate

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After 31 months, investigation into Myles Gray's death may be nearing an end

After 31 months, investigation into Myles Gray's death may be nearing an end

The Independent Investigations Office has filed a legal petition against Vancouver Police Chief Adam Palmer and seven officers, arguing they aren't cooperating with the investigation into the fatal shooting of a man outside a Canadian Tire last year.

Daniel Peter Rintoul was killed by police on Nov. 10, 2016, after holding an 82-year-old Canadian Tire customer hostage at knifepoint during an attempted robbery.

Rintoul subsequently stabbed a store employee and a police officer, said Palmer at a news conference the day after the shooting.

"We tried to use the least amount of force possible to take him into custody, and when that was not possible, lethal force was used."

Neither the IIO or Vancouver Police Department is commenting on the court filing in detail. 

"As this is now a matter before the courts we will not be making any media statement on the filing. The filing speaks for itself and all of the facts are outlined in the petition and the accompanying affidavits," said IIO spokesperson Marten Youssef.

"We respect the independent civilian ‎oversight process. This is a complex legal issue that has been filed in court. Due to the legal process, we cannot elaborate further at this time," said VPD Staff Sgt. Randy Rincham. 

Two sides in stalemate over another case

It's not the only investigation into a fatal shooting by the Vancouver Police Department at an alleged standstill. 

Officers involved in the August 2015 death of Myles Gray are not cooperating with the IIO, with the police union claiming its members have "lost confidence 100 per cent" in the body responsible for investigating all police-involved shootings in British Columbia. 

Last week, Tom Stamatakis, union president and head of the B.C. Police Association, said members no longer trust the IIO, because the civilian investigators "refer to these investigations as murder investigations or homicide investigations."

"To me, that implies you've already formed an opinion about what the outcome is going to be," said Stamatakis.

"We're not confident in the process. We're not confident in the IIO in terms of their capacity to properly investigate what are pretty complicated, complex, serious incidents where's there's lots of jeopardy (to police officers)."