The mother of a woman fatally injured in 2019 by a Victoria police officer says she’s satisfied with the seven-day suspension he was handed Thursday, after he was found to have committed “serious but not malicious” misconduct.
Audrey Rauch, whose 43-year-old daughter Lisa Rauch was fatally injured on Christmas Day 2019 when she was shot in the head with a plastic projectile, said after the disciplinary decision was announced that she hopes officers learn to recognize when they should pause and consider changing course.
“I think maybe their training needs to include knowing when it’s right to take a step back. You know, just because you think you’re going to be doing something doesn’t mean that you have to keep on in that direction,” she said.
Officer Ron Kirkwood was issued the seven-day suspension without pay after adjudicator Wally Oppal determined last month he committed misconduct under the Police Act when he fired an anti-riot weapon into a smoke-filled room, fatally injuring Lisa Rauch.
VicPD Chief Del Manak said Thursday he accepted the disciplinary decision. Kirkwood has been off work for periods of time as a result of the death and is currently off, Manak said.
“He feels terrible. He feels terrible for the outcome. And as I said earlier, there are no winners in this. There are absolutely no winners in any of this. But are there some lessons to be learned? Yes, there are.”
Angela Van Eerd, president of the Victoria City Police Union, said in a statement the discipline process has caused more harm than it prevented, subjecting all parties to “needless delay and distress.”
“It is a system in urgent need of reform,” Van Eerd said.
Oppal had called Kirkwood’s decision to fire the ARWEN, which shoots plastic projectiles, at Rauch “reckless and unnecessary” because visibility in the room was “essentially completely obscured” by smoke from a fire.
While the ARWEN is considered a less-lethal weapon when targeting some areas of the body, it is considered lethal force when targeting the head and neck, so firing the ARWEN when a target area could not be reliably identified presented a substantial risk of injury or death, Oppal said.
Rauch, who was mentally ill and had addiction problems, had locked herself in a unit of a Pandora Avenue housing facility after drinking alcohol and consuming methamphetamine.
Officers were responding to a report Rauch had threatened the unit’s tenant with a knife before barricading herself inside alone. While police initially tried to persuade Rauch to come out of the room, smoke coming from the room prompted them to enter the unit.
Officers testifying at the public hearing described a chaotic scene, with fire alarms blaring, a sprinkler system dousing the hallway and smoke obscuring their vision when they opened the unit’s door.
Kirkwood, 44, fired three rounds from an ARWEN at what he believed was Rauch’s torso. Kirkwood told the public hearing he believed Rauch was standing when he fired the weapon, but she was actually sitting down on a couch and at least one round hit her in the head. She died four days later as a result of her injuries.
Oppal said given the small size of the fire, the fact no weapon was seen and Rauch was not advancing on police, there was no imminent risk of death or grievous bodily harm to the police or anyone else that would have justified lethal force.
Options for discipline under the Police Act range from dismissal to a verbal reprimand or giving advice, and discipline is intended to educate, not to punish, he said. He found dismissal and a reduction in rank were not appropriate because Kirkwood’s misconduct was an error in judgement committed in the context of a “dynamic and challenging call.”
Kirkwood has been a VicPD officer since 2009 and is described by his colleagues as an officer committed to his duty, with generally sound judgement and integrity, Oppal said.
He has no prior record of discipline and has twice been recognized for his service, Oppal said. He received a B.C. Award of Valour for his role in responding to the June 2022 BMO branch shooting in Saanich, and a Royal Canadian Humane Association bronze medal for bravery for repeatedly entering a burning apartment building to help residents escape, he said.
Oppal determined a seven-day suspension was required given the serious nature of the error.
“I am satisfied based on the materials filed that his error in judgment was an isolated one. He’s had an exemplary background. He’s a good police officer who has had a bad moment, which unfortunately led to catastrophic circumstances,” Oppal said.
Kirkwood had been cleared of any criminal wrongdoing in the shooting of Rauch.
Oppal made three recommendations as a result of the public hearing. He urged VicPD to implement body-worn cameras, and to review how it communicated with the Rauch family and Kirkwood, calling the communication “lacking sensitivity.”
The family has said they received inaccurate information about the events leading to Lisa Rauch’s death in the immediate aftermath. They were told she ran at police with a knife and officers were forced to shoot her. They also said they were not contacted by VicPD about their daughter’s death.
Kirkwood told the public hearing he learned of Rauch’s death in a text message.
Oppal also urged the province to implement legislation to ensure consistent rules around note-taking policies for officers.
Manak said he supports body-worn cameras, adding the department requested $150,000 in its 2023 budget for a pilot project, but the funding was rejected by Victoria and Esquimalt councils.
