MARTIN: Man lucky to be alive after opening fire on police officer


Austin Desylva, 28, is currently in custody awaiting sentencing

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Once in a while a word or phrase becomes so commonly used it loses its meaning in most cases.

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The phrase “ultimate sacrifice” for example, seems to be used far too often to describe actions that fall short of an individual giving up their life for a cause.

At one time, Sun editors, in noticing a particular phrase being overused by writers, handed down an order that the phrase “lucky to be alive” was verboten unless a person who was the subject of a story about good fortune shining on them actually uttered those words.

No more stories about people walking away from a car crash unharmed, or fleeing a basement fire in their home before it could spread being lucky to be alive.

But despite the edict, and the fact he’s never publicly proclaimed it, Canmore resident Austin Desylva is lucky to be alive.

Desylva, 28, is currently in custody awaiting sentencing for discharging a firearm at Cpl. Reyno La Cock with intent to wound or kill the officer or to assist his flight from the Mountie from a Feb. 24, 2023, check stop in the mountain town.

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While fleeing the check stop and being followed by La Cock, Desylva fired two shots from the 3D-printed, Glock-style handgun he had in his possession.

The first of those bullets struck the passenger side of the windshield of La Cock’s unmarked police SUV as it followed Desylva’s Buick Verano with its lights flashing, and the second struck a home in Canmore, fortunately not hitting anyone.

While good fortune shone on both La Cock and the occupants of that residence it would be inaccurate to describe them as lucky to be alive as the odds of being struck and killed by a bullet fired backwards from the driver of a car are thankfully extremely slim.

But when La Cock was able to corner Desylva’s fleeing car in a cul-de-sac, the offender didn’t do the prudent thing. He didn’t exit his vehicle, arms raised, giving himself up before any harm could occur.

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Instead, he continued trying to escape, the only thing preventing him from driving at La Cock’s SUV was the slippery snow on the roadway.

While La Cock began firing at Desylva’s car the Canmore resident continued to spin his tires in the snow.

After the Mountie pumped 25 rounds into the vehicle, Desylva ducked out the passenger side door and fled into the nearby woods.

He did not get far as he was found more than an hour later after canine was brought in, next to a home in the area, about 30 metres from the rear of his car.

Two of the bullets fired by La Cock at Desylva managed to find their target, one hitting him in the head and the other to his neck.

He was left with a shattered jaw, a fracture to the top plate of his mouth and had a bullet lodged in his esophagus.

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He also suffered frostbite to his hands after fleeing the scene while not properly dressed for the extremely frigid conditions.

Through surgery Desylva has mostly recovered from the injuries he suffered in the incident.

A subsequent review of the gunplay by the Alberta Serious Incident Response Team determined La Cock’s conduct was “proportionate, necessary and reasonable.”

Desylva is still to be sentenced for his crimes while his lawyer Dale Fedorchuk has argued La Cock’s use of force was excessive in the circumstances and violated his client’s Charter rights.

Justice Keith Yamauchi has yet to rule on Fedorchuk’s application, which could ultimately reduce his client’s punishment.

Meanwhile, Desylva continues to be housed in remand awaiting his judicial fate.

But things could have been far worse for him had La Cock’s multiple shots taken his life and he should certainly feel lucky for that fact.

KMartin@postmedia.com

X: @KMartinCourts

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