A local RCMP officer has been cleared following a 16-month long investigation into a police shoot-out in Canmore that landed a man known to police in hospital with two bullets to the neck.
The Alberta Serious Incident Response Team (ASIRT) investigation concluded the involved police officer acted “reasonably” in shooting at the suspect, who had earlier fired shots at the officer during a car chase through residential neighbourhoods late at night on Feb. 24, 2023. No charges will be laid against the officer.
The officer fired off 25 rounds, with two hitting Austin Clark Desylva in the neck. No police officers were injured.
The ASIRT investigation report, which was released on Thursday (June 27), indicated the police officer believed that after the first shot or second set of shots that the suspect “was trying to kill him.”
“His uses of force were proportionate, necessary, and reasonable,” states the decision report by assistant executive director Matthew Block of the police officer.
“There are therefore no reasonable grounds to believe that he committed an offence.”
Desylva is facing criminal charges following the incident: discharging a firearm with intent and aggravated assault of a peace officer.
He is also facing a series of charges following a joint Banff-Canmore RCMP firearms and drug bust at 129 Silvertip Ridge home on Feb. 4 2023.
During the raid, RCMP seized three shotguns, two of which were loaded; two loaded handguns, several rounds of ammunition, 260 grams of cocaine and $800 in Canadian currency.
RCMP arrested and charged Desylva with pointing a firearm, 20 weapons offences, possession for the purpose of drug trafficking and possession of property obtained by crime.
Desylva remains in Calgary Remand Centre pending his court cases.
During the investigation into the shoot-out, ASIRT reviewed Desylva’s medical records, which showed he had been shot twice in the neck, shattering his right jaw and fracturing the top of his mouth.
A bullet was lodged in his esophagus and required surgery to remove. Desylva remained in ICU for 15 days and in hospital for two weeks after that.
The drama began when an RCMP officer was conducting routine traffic stops for impaired drivers near Rundle Drive near Three Sisters Drive at about 11:10 p.m. Feb. 24, 2023.
According to ASIRT, the police officer noticed a white Buick Verano turn and drive away. Believing he was trying to evade police, the officer activated his unmarked police SUV’s full emergency lights and began to follow.
At one point during the pursuit, near the corner of Rundle Drive and 8th Avenue, the police officer reported a “muzzle flash” and “bang” before a bullet went through the windshield on the passenger side of the police car.
The RCMP officer radioed in that shots had been fired. Within the next three minutes, he reported shots had been fired again as the vehicle pursuit continued on 7th Avenue, saying over the police radio “he’s shooting at me.”
After driving through stop signs and at a high rate of speed on snow and ice-covered roads, eventually at 11th Avenue, the suspect braked and fishtailed before getting stuck in the snow in a cul-de-sac and fleeing on foot into the woods.
“The AP (affected person), who was still holding the handgun, tried to drive away,” states the ASIRT investigation report.
“The SO (suspect officer) fired at the AP 25 times before the AP ran away into the trees.”
During the incident, there was heavy police presence in the area near the Engine Bridge along the Spur Line Trail, multiple areas on Larch Avenue and the intersection of 11 Avenue and 15 Street were closed.
RCMP asked residents to stay in their homes and avoid the area for about 90 minutes.
Canmore RCMP officers, heavily armed emergency response team officers, a helicopter circling the area and more than a dozen marked and unmarked police cruisers were on scene.
A K9 unit was called in to help RCMP emergency response team officers search for the man.
“He was found seriously injured in the yard of a nearby residence at 1:04 a.m.,” states the ASIRT investigation report.
Desylva was treated by emergency medical services at the scene, brought to the Canmore hospital under police escort, and then transported to a Calgary hospital by STARS air ambulance.
ASIRT indicated a firearm was located a short distance from the suspect’s vehicle.
“This firearm was an illegal 3D-printed black handgun that resembled a Glock handgun,” states the report.
Police also canvassed the residential neighbourhoods where the police officer had been shot at during the vehicle pursuit.
“At a residence near the second shot, investigators located bullet holes,” states the report.
“The bullet had gone through a door to a garage, through an interior wall, and hit a wall inside the house.”
