A fatality inquiry into the death of a Calgary man high on drugs who attacked an undercover police officer has concluded the incident is a tragic reminder of the plight of people who struggle with addictions.
The report released Tuesday by Justice Indra Maharaj, who headed the inquiry, also makes a pair of recommendations concerning the procedures followed by covert surveillance police teams.
Const. Ray Davies shot and killed Yacin Osman on April 9, 2018, after Osman attacked with a knife, not knowing his victim was an undercover police officer.
On the night he was killed, Osman, who suffered from drug addiction, was high on methamphetamine, the inquiry heard from a toxicologist.
Davies and six fellow officers from the Strike Force team — a CPS surveillance unit — were working for the homicide unit on an unrelated matter. The team was tasked with watching all entry and exit points at a home in Bridgeland so other investigators could execute a covert search warrant.
Davies testified at the inquiry that he had taken a short break in a nearby school parking lot to relieve himself and use his phone.
As he did so, Osman opened the door to his unmarked car and threatened the officer with a knife, demanding money.
Davies tried to de-escalate the situation by talking to Osman and agreeing to give him all his money, the report said. The officer was able to retrieve his service weapon on the pretence of reaching for his wallet.
“He got out of the driver’s seat and exited his vehicle behind the opened driver’s door. When he did so, it appeared to him that Osman saw his service weapon and started slashing at Constable Davies with renewed energy,” the report said.
After punching Osman with his gun in his hand did not subdue him, Davies decided he had to shoot the man to protect his life, the inquiry report said.
Davies fatally shot Osman once in the chest.
The Alberta Serious Incident Response Team (ASIRT) investigated the shooting and issued its report in 2021, concluding there was a justifiable use of force in the incident.
According to that report, Osman’s girlfriend and roommates told investigators that he had left his house that night in search of drugs, and that he had a history of stealing to get money to pay for drugs.
The three-day fatality inquiry conducted earlier this year heard testimony from Dr. Bernard Sowa, a retired psychiatrist who had seen Osman clinically on Feb. 15, about two months before the fatal incident.
At that time, Osman was not using substances and did not present with any evidence of psychosis.
Became more impulsive
But the medical records showed that after that date, Osman was becoming increasingly impulsive and was not attending therapy on a regular basis, the report said.
“Dr. Sowa testified that, on the evening in question, Osman was likely drug seeking, acute, needed to get drugs, and likely had elevated paranoia and distorted perception.”
Maharaj said in her report that Osman’s death “is a tragic reminder of the plight of many people in our society who struggle with addictions.”
And she said the most striking fact is that the incident did not occur because Davies was a police officer.
“Osman’s death occurred while Constable Davies was on duty but, for all intents and purposes, he appeared to be a civilian to any objective observer,” the report said.
“Had Constable Davies not been a trained police officer, he may not have survived the interaction.”
The judge made two recommendations related to the policies and procedures that impact covert surveillance police teams.
First, she said there should be a plan for ordinary breaks during a surveillance shift so that covert officers don’t need to relieve themselves in dark, secluded places.
Second, Maharaj said undercover officers should “have an emergency button and GPS on their hardwired radio, their portable radio, their vehicle, or as part of their gear” in order to call for help silently.