RCMP police dog Jager helped in the arrest of a suspect after a break-in and a chase through the snow in the Nanaimo Lakes area in February. The Independent Investigations Office of B.C. released its report today, Nov. 16, on the incident. (Photo submitted)

Use of force deemed justifiable in arrest of suspect after snowy chase near Nanaimo

Independent Investigation Office of B.C. reports on incident from late last winter

A suspect was punched in the face and bitten several times by a police dog, but the use of force was justifiable, the Independent Investigation Office of B.C. has decided.

The IIO released its report today, Nov. 14, regarding an incident Feb. 16 south of Nanaimo. RCMP tracked a suspect for about two hours after a break-in at a cabin in the Nanaimo Lakes area.

“The degree of force used was at the upper end of the justifiable range and, in different circumstances, might well be considered excessive,” noted Ronald MacDonald, the IIO’s chief civilian director, in his report. “In these circumstances, however, it was not.”

According to an RCMP press release last winter, David Banford, 39, and a woman were found inside a private cabin by civilians after a break-in. Banford used bear spray to escape, fled on foot, but was tracked down by RCMP with the help of police dog Jager.

As Banford struggled after being bitten by the dog, the officer judged the suspect as “still motivated to escape [and] because of these factors, ‘took the fight out of the suspect with two stun strikes with a closed fist to the face.’”

Banford was found to have suffered puncture wounds to his buttocks and leg and a fractured eye socket and fractured nose.

He complained that he surrendered immediately with no resistance, but was “bitten by the [police dog] for no reason and struck a number of times in the face, also without any justification.”

MacDonald wrote that while the complainant’s account was “reasonably plausible in itself, [his] narrative suffers from significant credibility deficiencies in other areas.”

The IIO will not forward the case to Crown counsel for consideration of any charges.

This article will be updated with additional details.

RELATED: IIO B.C. looking into allegation of assault by Nanaimo RCMP

RELATED: Nanaimo RCMP and police dog track suspect through wintry backcountry



editor@nanaimobulletin.com

Like us on Facebook and follow us on Twitter

Just Posted

Aid a priority for idled Vancouver Island loggers, John Horgan says

Steelworkers, Western Forest Products returning to mediation

Support for strikers keeping the faith

Donations making a difference as labour dispute drags on

One month later, Cowichan fisherman still missing

Colin Court has been missing since Nov. 15 after disappearing while fishing near Youbou’s Shaw Creek

Warm and intimate afternoon assured with Daniell and Avenant

The dynamic duo graces St. Michael’s Church for a Chemainus Classical Concerts performance

Clement’s Drug Store

Stuart Clement came to Chemainus in 1928

VIDEO: More air-passenger rights go into effect this weekend

The first set of passenger rights arrived in mid-July in Canada

Swoop airlines adds three destinations in 2020 – Victoria, Kamloops, San Diego

Low-fair subsidiary of WestJet Airlines brings new destinations in April 2020

Navigating ‘fever phobia’: B.C. doctor gives tips on when a sick kid should get to the ER

Any temperature above 38 C is considered a fever, but not all cases warrant a trip to the hospital

Transportation Safety Board finishes work at B.C. plane crash site, investigation continues

Transport Canada provides information bulletin, family of victim releases statement

Trudeau sets 2025 deadline to remove B.C. fish farms

Foes heartened by plan to transition aquaculture found in Fisheries minister mandate letter

Wagon wheels can now be any size! B.C. community scraps 52 obsolete bylaws

They include an old bylaw regulating public morals

Indigenous mother wins $20,000 racial discrimination case against Vancouver police

Vancouver Police Board ordered to pay $20,000 and create Indigenous-sensitivity training

Sentencing for B.C. father who murdered two young daughters starts Monday

The bodies of Aubrey, 4, and Chloe, 6, were found in Oak Bay father’s apartment Dec. 25, 2017

B.C. vet talks tips for winter travel with pets

Going to see the vet the day before a trip is never a good idea

Most Read