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

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Loss of UVic dog park deals a blow to socially anxious pets

Owners of non-socialized dogs seek safe space following closure of Cedar Hill Corner

Residents around Sidney’s Reay Creek Pond welcome federal remediation efforts

It is not clear yet whether Sidney will renovate nearby dam at the same time

Public to weigh in on Colwood Royal Bay development Monday

Application to rezone lands north of Latoria Boulevard submitted to council

Camp fun still offered in Greater Victoria

Easter Seals offers day camp options to replace cancelled overnight camps

Swim advisory issued at Cadboro Bay beach due to high bacteria levels

Island Health advises against water activities, swimming

B.C. Ferries increasing passenger capacity after COVID-19 restrictions

Transport Canada 50-per-cent limit being phased out, no current plans to provide masks

Shellfish industry get funds to clean up at Island sites and beyond

Businesses can apply to cover half of costs to clean up so-called ‘ghost gear’

Amber Alert for two Quebec girls cancelled after bodies found

Romy Carpentier, 6, Norah Carpentier, 11, and their father, Martin Carpentier, missing since Wednesday

B.C. man prepares to be first to receive double-hand transplant in Canada

After the surgery, transplant patients face a long recovery

Grocers appear before MPs to explain decision to cut pandemic pay

Executives from three of Canada’s largest grocery chains have defended their decision to end temporary wage increases

Bringing support to Indigenous students and communities, while fulfilling a dream

Mitacs is a nonprofit organization that operates research and training programs

RCMP ‘disappointed’ by talk that race a factor in quiet Rideau Hall arrest

Corey Hurren, who is from Manitoba, is facing 22 charges

NHL’s Canadian hubs offer little economic benefit, but morale boost is valuable: experts

Games are slated to start Aug. 1 with six Canadian teams qualifying for the 24-team resumption of play

Most Read