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Charge 'em: The Magnus Avenue Shooting by Cops

Regular readers of The Black Rod know that we've been staunch defenders of the police. When critics attacked the police for being too rough when making an arrest, when politicians and "activists" jumped on wholly invented allegations of police misconduct, when the anti-cop crowd lobbied to defund the police, we stood up for the police.

Not this time.

On February 13 a mob of Winnipeg police shot and killed a scared, innocent man in his own home on Magnus Avenue. This wasn't a doped up criminal with a weapon charging police in a back alley in the dead of night, or a car thief trying to run down a policeman after a car chase.

This was a man minding his own business, not a threat to anyone, in his own home, a place where everybody should feel safe and expect the police to protect, not kill, them.

The next day the police issued a news release to say what happened, and held a news conference to not answer questions. That's right, they clammed up tight, refusing to elaborate on any details while hiding behind a mandatory investigation into the police homicide by the Independent Investigation Unit (IIU), the so-called police watchdog.

They knew they were in trouble, but were relying on the carefully worded news release to feed a narrative in the mainstream and social media, a narrative which went something like this: 

'police were sent to execute a warrant on a mentally ill man who answered his door acting erratically and armed with a crowbar. He attacked them and locked himself in the house. They were forced to call in the tactical support team, a unit trained to deal with armed drug dealers and violent outlaw motorcycle gangs, to break into the house and lay siege to the unstable man who had barricaded himself in a bedroom. He eventually stepped out armed with "a large edged weapon" and the police, fearing for their lives, had to shoot him.'

The first red flag went up when we actually read the news release. It told a completely different story.

Just before sunrise on Feb. 14 police showed up at 259 Magnus Ave. to tell 59-year-old Bradley Singer they had a Mental Health warrant to take him against his will to see a doctor. He didn't want to go, possibly because police had forcibly taken him to a doctor on another Mental Health order a week earlier (according to a neighbour) and he had been seen and sent home.

They were "met at the door." The news release declared Singer was "exhibiting agitated behaviour and in possession of a crowbar." 

On Magnus Avenue answering a knocking at the door before sunrise while holding a crowbar would not be unusual. Police notably didn't say that he waved the crowbar, he brandished the crowbar, or he threatened them with the crowbar. The implication was that being mentally ill meant Singer was unstable, irrational and upredictable. In short, hint hint, potentially violent and armed with a dangerous weapon.

The police didn't say what "agitated behaviour" was. How calm would you be if strangers woke you up knocking loudly on your front door that early in the morning? Singer had been diagnosed as a paranoid schizophrenic. Did he say anything that would make police fear him? He wasn't being sought for any violent act. Why were two police officers armed with guns, pepper spray, batons, possibly a Taser, afraid of him?

"As officers approached the male, he discharged 

a fire extinguisher in their direction before

retreating and locking himself inside."  

When did he put down the crowbar? Members of the public on social media are asking why police didn't use non-lethal methods to subdue Singer. That morning he was the only one who resorted to "non-lethal" measures--- to protect himself. Note that he sprayed the fire extinguisher "in their direction", a carefully worded description that means he did not spray fire-retardant foam on the police, or even on their clothes or shoes. Just "in their direction." Like, at the ground?

The attending police then immediately "summoned the Tactical Support Team (TST)., who upon arrival, made repeated attempts to communicate with the agitated male, which were met with negative results."

Within an estimated 45 minutes of first arrival, a neighbour saw the police Tactical Support Team installing a battering ram on their 8 l/2 ton armored response vehicle.

"TST members breached and entered the residence..."

The police smashed through either a front window or the front door. Press photos show a mangled door. But photos also show a large hole in the bottom right corner of the plywood sheet over a front picture window. If the police smashed through the window, it's unlikely they boosted a member through the window to open the door from the inside. It's more likely a member armed with an assault rifle was positioned at the window to kill Singer if he tried to prevent the team from manually breaking through the front door.

"...continued their attempts to communicate with the male, who had now barricaded himself in a second-story bedroom."

The neighbour heard the "attempts to communicate" which she described as banging and yelling. Note that Singer made no attempt to stop the police from entering his home, having instead fled to the safety of a bedroom. How had he "barricaded" the room? With a chair, like in the movies? Or was the door simply closed?

"The male again discharged a fire extinguisher at TST members."

"After some time, the male exited the bedroom and

confronted officers while armed with a large edged weapon."

Confronted? A word deliberately chosen to give the impression that Singer was aggressively challenging the police. How? By being "armed" with a "large, edged weapon." 

What sort of weapon. Apparently that's top secret information not to be shared with the public. Was it a knife? A machete? A screwdriver?

"During this encounter, officers discharged their firearms, striking the male."

The only legal reason for shooting him to death was if he was a threat to somebody. To whom?

Singer was facing nine Tactical Support Team members, each wearing 17 pounds of body armour, armed with guns, who had just chased the terrified man upstairs. He was no threat to anyone. He was defending himself from a threat---a mob that had just smashed into his home, screaming, waving guns.

This was a George Floyd-style incident. Remember that Minneapolis police responsible for the death of George Floyd claimed he accidentally choked to death as they held him down because he was resisting arrest. But video showed beyond a doubt that he was "resisting" by struggling to get an officer's knee off his throat so he could breathe.

What details have Winnipeg police provided about the manner of Singer's death?

Only that "officers discharged their firearms." How many officers shot Singer at close range and how many times? Apparently that too is Top Secret not to be disclosed to the public.

But we can guess some facts from this statement in the police news release:

"Officers provided immediate emergency medical care to the male with the application of chest seals and a tourniquet."

Note 'seals', plural. So police shot Singer more than once in the chest. And a tourniquet is attached to a limb to prevent someone from bleeding to death, so he was likely shot at least a third time in an arm or leg.

The next day Winnipeg Police Service acting Chief Art Stannard said that police in this incident could not call for Alternative Response to Citizens in Crisis, a two-man team consisting of a police officer and a clinician, designed to address mental health crises.

“Based on the information we had, it was not a response for AARC at all,” he said. “Absolutely not. The safety conditions and the information we had, it was definitely a police response.”

The civilian-police partnership is “not appropriate for high risk or potential violence situations,” a media report quoted him.   High risk?

What information did they have? Top secret, not to be disclosed to the public.

But it has to be extremely significant, or else Stannard must be held accountable for misleading the public.

Three days before police killed Singer, a standoff on College Avenue lasted six hours. Two men were holed up. A shotgun was fired and three policemen were hit by pellets, probably ricochets. A crisis negotiator was called in. Nobody was killed.

Two weeks prior to Singer's killing, police attended a standoff in Transcona which lasted three hours. A man with a rifle was reported holding a woman inside. A crisis negotiator responded.

And yet there was apparently some rush to seize Bradley Singer.

We may have discovered the reason. Keep reading.

Also at the police news conference following Singer's death, Superintendant of Community Engagement Bonnie Emerson spoke. She made a feeble attempt to make the police the victims.

"We’re the only ones mandated to do this...And we cannot do this alone. Officers are human beings. they are required to make life-and-death decisions in high-stress situations and unknown risk. They do the best they can with the circumstances they’re presented with and the training and equipment they’ve been given.”

Could you be more tone deaf? The uniformed police and TAT members had, at all times, a choice.

LEAVE!

Bradley Singer was going nowhere. He was threatening nobody. He was in his own home. 

They could have secured the doors. And waited for mental health crisis negotiators. If it took 3 hours or 6 hours, so be it. There was NO REASON to kill him. 

A mental health warrant is not a death warrant. Why do Winnipeg police need to be reminded of that?

Emerson, still trying to get the police off the hook, sent questioners to the Mental Health Act. We'll bet she never thought any journalist would actually go and read it?

We did.

 https://web2.gov.mb.ca/laws/statutes/ccsm/_pdf.php?cap=M110

The Act states that an Order for an involuntary medical examination gives a peace officer the authority to take the person named in the order into custody (Sec.11.2) and to enter any premises to accomplish the task (Sec. 12.2).

But reading further we were struck by something in the Act that sent a chill down our spines.

 Order valid for 7 days

11(3) An order under this section expires at the end of the seventh day after the day it is made.

The Winnipeg police news release started with this statement.

"On February 8, 2024, the Winnipeg Police Service received an order under the Manitoba Mental Health Act to apprehend a 59-year-old male and convey him to hospital for a non-voluntary physician examination. Officers made several attempts during the following days to apprehend the male but were met with negative results."

The Mental Health order was issued for Bradley Singer six days before he was killed by police.

OMG. Was that the reason for the rush to apprehend him, for failing to de-escalate the confrontation by waiting for a crisis negotiator of mental health clinician, for failing to contain the scene while Singer's doctor or family member could be called to help? 

Was he killed because the mental health order expired the next day and he had managed to elude police until the sixth?

Will this be examined closely by the Independent Investigation Unit?

We re-read the Mental Health Act and realized we had overlooked this:

Reasonable measures

12(2) A peace officer may take any reasonable measures when acting under this section or section 9 or 11 or subsection 44(1) or 48(2)...

Who is going to define "reasonable measures' as shooting an innocent man to death in his own home, even a man defending himself against intruders who have smashed their way in?

This is not for the IIU to adjudicate. This is for a jury of 12 men and women.

The police have been described as the thin blue line. This time they crossed that line.

Charge 'em.

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