The Heffernans have long sought justice for their son Anthony, who was killed in a confrontation with police in a Super 8 hotel room in 2015
The parents of a Calgary man killed by police nearly a decade ago argue the four involved officers had ample opportunity to collude in the immediate aftermath of the shooting that took their son’s life in a northeast hotel room.
At a Law Enforcement Review Board (LERB) appeal hearing on Monday, Patrick and Irene Heffernan argued the officers’ cellphones should have been confiscated immediately following the fatal shooting of their son Anthony Heffernan on March 16, 2015.
The four officers had responded to the Super 8 hotel at 3030 Barlow Tr. N.E. that day, after hotel staff claimed Anthony, 27, had missed his checkout time.
The constables initially tried to communicate with Heffernan through the locked door, but claimed he was acting unresponsively and irrationally. After they agreed armed entry was warranted, the officers used force to break down the door.
Within 72 seconds of entering the hotel room, the officers hit Anthony with a Taser twice before one of the officers opened fire.
Later, the constables claimed their rationale for using force was out of fear that Anthony, who appeared to have been using drugs and was holding a tipless syringe, could possibly expose them to a blood-borne disease. They also claimed he had “lunged” in their direction.
“Although the officers commanded him to drop the syringe, he remained unresponsive, non-communicative, and seemingly unaware,” a press release from the Alberta Serious Incident Response Team (ASIRT) later stated. “Officers further attempted to communicate with him addressing him by his first name in hopes it would de-escalate the situation; however, their attempts were unsuccessful.”
After investigating the shooting, ASIRT recommended charges be laid against Cst. Maurice McLoughlin, who fired the shots that killed Heffernan.
Following that, a Police Act investigation was launched to determine whether disciplinary action was warranted against any of the officers involved.
McLoughlin resigned from CPS in 2020, meaning he could no longer be subjected to an internal disciplinary hearing.
However, Neufeld also dismissed the Heffernans’ accusations that the officers falsely reported their son had lunged at them or that the involved officers discussed details of the case privately before being interviewed about the shooting.
Monday’s hearing was the Heffernans’ opportunity to appeal Neufeld’s September 2020 decision, which dismissed most of their complaints against the officers’ use of force.
During his submission, Patrick Heffernan argued the constables’ cellphones were not taken away after the shooting, which gave the foursome the chance to collude before providing their statements.
He also pointed out that the officers drove themselves back to the station unsupervised, and claimed that McLoughlin even stopped at a Tim Hortons on the way back.
“The officers, after all, have access to the cellphones at all times with them,” he said at the hearing. “They go back to the station independently.”
Lawyers representing the only two involved officers still employed by CPS said Monday that what the Heffernans are asking for falls outside of the LERB’s purview.
Shamsher Kothari, speaking on behalf of Cst. Shergill, argued the only thing the LERB panel should consider was if Neufeld’s September 2020 decision was unreasonable.
“I would respectfully submit that the appellant has shown no evidence … that would suggest the chief’s decision to dismiss those allegations was unreasonable in the circumstances,” he said.
“What’s being sought here by the appellants are changes to the system — that would be achieved by a fatality inquiry.”
Speaking as Neufeld’s counsel, lawyer Derek Cranna agreed there was no evidence of collusion or a cover-up.
He cited Neufeld’s desire to still proceed with a disciplinary hearing.
“We hope that will provide (the Heffernans) some small degree of closure, in appreciating there was never going to be any full closure for this incident,” Cranna said. “But what we can accomplish, we should.”
The Heffernans, meanwhile, concluded their submission by telling the LERB their son’s death has stayed with them every day.
While he said the family is not “out for blood” in their pursuit of justice, Patrick Heffernan said he and his wife Irene want to see more accountability from police to ensure other families do not suffer a similar outcome.
“Unless something is really done to make changes, this is going to continue,” he said. “Police have to be held accountable.”
The LERB panel will meet to review the submissions before issuing a decision within the next 60 days.
CPS said in a Monday statement they are “unable to comment while the matter is currently before the Law Enforcement Review Board.”
— With files from Bill Kaufmann