Mounties could not have prevented fatal encounter with Morley murder suspect, judge rules

Man killed by police in 2017 was armed with shotgun when he confronted officers

No police action could have prevented a deadly encounter between Mounties and a murder suspect on the Stoney Nakoda First Nation, a fatality inquiry judge has found.

“The root cause of death in this case was the decision made by Ralph Stephens to resist arrest using force and to exit the residence armed in a manner that presented a lethal threat,” Wong wrote.

“There is no recommendation that comes to mind that would have controlled that behaviour and prevented his death.”

Stephens, 27, was shot by an RCMP member who was part of a team attending a Morley residence on Jan. 7, 2017, looking to arrest him on a charge of first-degree murder.

Stephens was wanted, along with his brother, John, and another suspect, Deangelo Powderface, in connection with the New Year’s Day beating death of fellow Morley resident Lorenzo Bearspaw.

Lorenzo Bearspaw and Deangelo Powderface
Lorenzo Bearspaw’s (L) body was found on Jan. 6, 2017, on the Stoney Nakoda First Nation. A Canada-wide arrest warrant has been issued for Deangelo Powderface (R) for Bearspaw’s murder.

Six days after the killing, an RCMP emergency response team (ERT) executed arrest warrants at four residences on the First Nation.

One of those homes was the property of Stephens’ parents, Audley and Tilda Stephens, Wong noted in his report.

“ERT approached the Stephens’ home in an overt manner during daylight hours,” Wong noted.

“Investigation determined that some of the occupants of the home saw the approaching ERT vehicles and subsequently alerted other occupants within the home.”

Officers entered the residence and eventually made their way to the basement, where Stephens yelled at them from the other side of a wall to “get the f— out,” before a shot was fired, narrowly missing the officers who then retreated, evacuating other occupants of the home.

One officer then positioned himself about 12 metres away behind a washing machine when a second shot rang out and a woman emerged from the basement, immediately followed by Stephens, who was armed with a shotgun.

The officer, fearing for the safety of the woman and himself, fired a single shot into the deceased’s torso, Wong said.

The Calgary Court of Justice judge said an ASIRT report, which ultimately exonerated the RCMP member, also suggested advanced surveillance may have assisted the ERT team.

But Wong said such action would not have assisted as “experience suggested that any attempt at surveillance would be detected by residents within the reserve and the police action would be reported to those being surveilled.”

John Stephens and Powderface were each handed nine-year sentences in June 2019 after pleading guilty to reduced charges of manslaughter.

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