Ian Bush

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Ian Bush (1983–2005), is a Canadian who was killed while in police custody on October 29, 2005.[1] Significant ongoing controversy has been generated by the case. Ian Bush was a popular young man in Houston B.C. who was shot and killed by Royal Canadian Mounted Police Constable Paul Koester, after being arrested outside a hockey game. Many members of the community believe there were several flaws in the investigation, that there may have been a cover-up and conspiracy to protect Cst Koester. A full inquiry was held by the Commission for Public Complaints against the RCMP.[2]

Contents

[edit] Incident

The circumstances leading up to the shooting were that Cst Koester, a rookie with less than six months service, was on patrol outside the Houston hockey arena on the evening of October 29th 2005. Houston, British Columbia, is a small community of approximately 3,000 in Northern B.C. Koester with other police officers, was assigned to patrol around the arena looking for drinkers who then returned inside, intoxicated. Koester found Bush in the parking lot drinking a bottle of beer with a group of friends. Koester emptied the bottle and decided to give Bush a ticket (fine) for having open liquor in public. The friends with Bush at the time were upset about the fine.

When asked for his name, Bush gave a false name. Koester cautioned him about lying about his name and that he could be charged with obstruction but Bush lied again to avoid being fined and Koester arrested him.

[edit] Arrest and death

Koester searched Bush after the arrest but did not find his identification in his wallet, nor a bottle of beer Bush had hidden on him. Koester took Bush to the police station to issue him a Promise to Appear and release him from custody. There were no other police officers in the police station at the time. Koester and Bush were inside an interviewing room equipped with CCTV recording cameras, however Koester chose not to turn the cameras on. (The CPC recommended that the RCMP install automated CCTV recording equipment in every RCMP detachment in areas where prisoners are dealt with and released.)

Inside the police station, Koester and Bush got into a scuffle. Koester said that Bush was angry about being charged and said words to the effect of "Why don't I just punch you in the fucking face!" The fight started, but Koester could not radio for help. Koester reports that Bush was winning the fight and began strangling him. Fearing for his life, Koester drew his gun, and then shot Bush once in the back of the head. Bush died instantly. Photographs of Koester after the incident show extensive bruising and cuts to his left eye and forehead.

[edit] Controversy

Constable Koester's actions surrounding the Bush death have been cleared through a police Criminal Code investigation, an inquiry by the Commission for Complaints Against the RCMP, and a B.C. Coroner's Act Inquiry conducted by Coroner Shane DeMeyer.[3]

Ian Bush's mother Linda later launched a lawsuit against the RCMP.

A second inquiry by the Commission for Complaints Against the RCMP concluded in 2007 that the police internal investigation into the shooting was adequate and timely and that the officer was justified in using lethal force.

After the report was released, Ms. Bush said she disagreed with the commission's conclusion [4] A support website for Ian Bush has been set up to give another side to the picture.[5]

[edit] Findings

It was found that Bush died due to a single gunshot wound to the back of the head,[6][7] while Koester and Bush were alone in the interrogation room.[8] and Koester claimed that he was being choked from behind to unconsciousness and acted in self defence.[7]. An investigation was conducted by an RCMP team brought in from another region,[7] and that investigation was reviewed by several external agencies.[9]

Conflicting evidence was given at the coroner's inquest.[6] The analyses of the blood splatter evidence by an RCMP forensics officer, Jim Hignell, and Edmonton police constable, Joseph Slemko, differed; the former supporting Koester's account, the latter contradicting it.[10]However, the Commission for Public Complaints against the RCMP ruled that Slemko "[has] gone beyond his area of expertise" and Hignell's evidence was accepted as preferred. [11]

Furthermore, Constable Koester's actions surrounding the death of Ian Bush have been cleared through a police Criminal Code investigation, an inquiry by the Commission for Complaints Against the RCMP, and a B.C. Coroner's Act Inquiry conducted by Coroner Shane DeMeyer.[12]

Bush's blood alcohol content (BAC) was estimated to be 170 mgs percent (0.17% blood alcohol); the legal limit for driving in Canada is 80 mgs percent (0.08% blood alcohol). Friends described him as having a "buzz on" (ie being in a bad mood)[13][14]

[edit] Police history of victim

Ian Bush was know to police for previous offences spaced at intervals over about seven years, with several during 2004, the year before he died. The record gives an account of Bush being a trouble-maker and drinker in contrast to his supporters' view on the website [15] In June 1998, a person reported to police that Bush had punched him when he had asked Bush to return his lighter. Four years later, in November 2002, Bush threw a rock through a bar window after he was thrown out for fighting.

In July 2003, Bush drove a snowmobile across a neighbour's lawn during a party damaging the lawn that had just been levelled and seeded. In December 2003, Constable Learning noted three people at 2:30 a.m. walking in front of the Houston Motor Inn when one of them damaged some Christmas trees and lights placed by the District, but fled when the officer approached. The other two denied knowing who he was but the officer subsequently found Bush up a hill, "intoxicated, breathing heavy and had snow all over him."

In October 2004, Constable Stanzell tried to stop Bush for driving through a stop sign at 2:20 a.m. but Bush pulled into a parking lot, and again ran away. In April that year, Constable McNaul saw Bush walking in downtown Houston with a beer in his hand. The officer took the beer from Bush which, the officer reported, made Bush clench his fists and take a "fighting stance." In June, Bush received a 24-hour driving suspension from Cst Learning when he was stopped for speeding and had evidently been drinking. Sometime in September 2004, at about three in the morning Bush was suspended from driving for 24 hours by Constable Stanzell after he was stopped for speeding away from a convenience store. He had also been drinking.[16]

[edit] References

  1. ^ "The Death of Ian Bush: Const. Paul Koester's testimony". National Post. http://www.canada.com/nationalpost/photogalleries/IanBush0706.html?g=0. Retrieved 2007-12-08. 
  2. ^ http://www.cpc-cpp.gc.ca/af-fr/pdf/FACN_e.pdf
  3. ^ http://www.canada.com/news/story.html?id=132733
  4. ^ "Ian Bush's mother drops RCMP lawsuit". CBC News. 2010-04-21. http://www.cbc.ca/news/canada/british-columbia/story/2010/04/21/bc-ian-bush-rcmp-statement-linda.html. 
  5. ^ http://www.ianbushsupport.com/ Ian Bush Support site
  6. ^ a b "Inquiry clears RCMP officer in death of Ian Bush". National Post. 2007-11-30. http://www.nationalpost.com/news/story.html?id=132730. Retrieved 2007-12-08. 
  7. ^ a b c "Officer who shot Ian Bush to testify". National Post. 2007-11-29. http://www.nationalpost.com/news/story.html?id=132738. Retrieved 2007-12-08. [dead link]
  8. ^ "Lethal force necessary in Ian Bush's death: ruling". CTV. 2007-11-29. http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20071129/bush_ruling_071129/20071129?hub=Canada. Retrieved 2007-12-08. 
  9. ^ "Ian Bush's Mother Drops RCMP Lawsuit". CBC News. 2010-04-21. http://www.cbc.ca/canada/british-columbia/story/2010/04/21/bc-ian-bush-rcmp-statement-linda.html. Retrieved 2010-04-21. 
  10. ^ "Findings did not receive fair analysis: blood expert". National Post. 2007-11-30. http://www.nationalpost.com/news/story.html?id=135891. Retrieved 2007-12-08. [dead link]
  11. ^ http://www.cpc-cpp.gc.ca/prr/rep/rev/chair-pre/IanBush-fin-rpt-eng.aspx#toc5O
  12. ^ http://www.canada.com/news/story.html?id=132733
  13. ^ http://www.cpc-cpp.gc.ca/prr/rep/rev/chair-pre/IanBush-fin-rpt-eng.aspx#toc3D
  14. ^ Urban Dictionary "having a buzz":something... that takes a person out of a good mood and into a bad one..."
  15. ^ "Twenty-two year old Ian Bush was a child that would make any parent proud. He helped in anyway he could, made people laugh, was patient, gentle, intelligent, artistic, a peace maker who found solutions to problems and was never to cool to say I love you in public."
  16. ^ http://www.cpc-cpp.gc.ca/prr/rep/rev/chair-pre/IanBush-fin-rpt-eng.aspx#AppF

[edit] External links

[edit] See also

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