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Tauranga police have been found justified in the fatal shooting of a man in November last year.
The Independent Authority for Police Conduct has released its findings following an investigation into the shooting on November 24, 2019.
The IPCA says the police were justified in shooting the man “because he posed a deadly and imminent threat to one of his daughters, whom they were holding hostage.”
At approximately 2.55 pm on Sunday, November 24, 2019, the police fatally shot Mr. W in Tauranga.
He had held his two daughters, ages six and four, hostage for the previous 15 hours, says the IPCA report.
The police were called to the address by Mr. W’s partner, who had managed to escape from the house.
The first police officers found Mr. W barricaded in an upstairs bedroom closet and pointing a knife at one of his sons.
He passed the knife to the attending police.
They were unable to negotiate with him and made the tactical decision to withdraw, the report says.
The Armed Offenders Brigade, the Special Tactics Group and police negotiators attended.
The negotiators were unable to persuade Mr. W to leave or allow his daughters to leave.
The incident occurred on an extremely hot day in Tauranga, and in the early afternoon the police received medical advice on the life-threatening effects of the heat on the two young children, who were in an unventilated upstairs room.
As far as police knew, the children had not had food or water since the incident began, despite the fact that bottles of water had been left outside the bedroom door.
Mr. W had twice asked the police to carry food and drink to the bedroom using a rope through the window, but these requests were rejected.
Concern for the health of children in the heat, combined with Mr. W’s history of violence and mental health problems, led the command team to order a forced entry into the bedroom through the window and door of the apartment of up at 2.55 pm to rescue the hostages.
When officers entered the bedroom, they saw Mr. W with his arm wrapped tightly around one of the children, holding a large knife to his chest.
An officer attempted to Taser Mr. W but had no effect, says the IPCA report.
Another officer, fearing that Mr. W was about to kill the boy, fired a single bullet from his pistol and killed Mr. W.
The Authority has determined that command and control of the incident was generally well executed, although the appointment of a family liaison officer would have benefited both the police and Mr. W’s family at the scene.
“There were many commendable aspects of this operation and it is clear to us that all officers on site were focused on the welfare of the children throughout the incident,” says Authority President Judge Colin Doherty.
“However, it was the responsibility of the incident controller to go beyond negotiation tactics to a contingency plan to protect the well-being of the children until they were released or rescued.
“This included the full exploration of all options to meet the reasonable necessities of life, such as food and water.
“We accept that the serious and immediate threat that Mr. W posed to his daughter when the officers entered the bedroom justified the decision to shoot him.”
Bay of Plenty District Commanding Superintendent Andy McGregor says this outcome is an absolute tragedy and the last thing any officer wants.
“This was an incredibly difficult situation for everyone involved and the officers did their best to resolve this situation peacefully under extremely stressful circumstances.
“In attending to any incident, officers seek to keep everyone involved safe.
“At all times, the priority of the Police was to guarantee the safety of the two children who were at real risk of harm.
“I am sure that all the decisions that were made along the way were made to protect them.
“Our thoughts remain with the family and loved ones of the deceased, the children involved and the Police personnel who faced a very difficult situation.”
