N.B. Crown rules out charges in RCMP shooting of Indigenous man Rodney Levi

FREDERICTON -- New Brunswick's Public Prosecutions Service announced Tuesday that no criminal charges will be filed against police officers involved in the fatal shooting of Rodney Levi last June.

Levi, who was from the Metepenagiag First Nation, was shot dead by the RCMP on the evening of June 12 after police responded to a complaint about a disturbance in a home in Sunny Corner, N.B.

The incident was investigated by Quebec's police watchdog, the Bureau des Enquetes independantes, which submitted a report to New Brunswick prosecutors in December.

A statement from the prosecutions service said it is clear the officers on the scene believed Levi was using force against them, and he was shot to protect themselves and civilians who were present.

"This action followed repeated attempts to engage with Mr. Levi peacefully, and followed several applications of a Taser to disarm him from the dangerous weapons (knives) he refused to yield," the statement said.

The prosecutions service concluded the police officers in question were acting lawfully to protect the residents of the home that evening.

"The evidence presented to Public Prosecutions Services does not establish a reasonable prospect of conviction, and therefore, we will not proceed with criminal charges," it said.

Levi's killing came days after an Edmundston, N.B., police officer shot and killed Chantel Moore, a 26-year-old Indigenous woman, during a wellness check. The two killings sparked dismay and anger in the province's Indigenous community along with demands for a full inquiry.

Alisa Lombard, the lawyer for Levi's family, said Tuesday that family members are disappointed with the outcome.

"They were provided with a very thorough explanation and review of the evidence and the law. They are now taking the time to process this information and to grieve," she said in an interview.

Lombard said she expects the family will want to take further action. "I can say with a fair amount of confidence that this is not the end," she said.

A summary of evidence prepared by the prosecutions service and published Tuesday says an autopsy confirmed Levi died from gunshot wounds to the chest. Witnesses told investigators Levi had been acting erratically, and a toxicology report revealed the presence of traces of amphetamine and methamphetamine in his body, the report said.

The report summarizes what investigators heard from witnesses, though it does not name them. One woman, identified as a close relative of Levi, did not witness the shooting but spoke of his state of mind and intent on June 12.

She said Levi had been living in her home for a few days and was very depressed, according to the report. "He kept talking about suicide and more specifically about 'suicide by RCMP'," the report says. The witness tried to dissuade Levi, but suicide by RCMP was all he would talk about. She never saw him again after he left her home on the afternoon of June 12.

The report states that four witnesses at the home in Sunny Corner believed Levi was under the influence of something when he took knives from the kitchen of the home and began waving them around. He refused to put down the knives, and two people called 911.

The witnesses said the officers were calm and tried to defuse the situation but Levi refused to drop the knives.

They said Levi was Tasered three times by police and at one point said something to the effect of "you'll have to put a bullet in me," the report says. The witnesses said Levi "lunged" or "charged" at one of the officers, who then opened fire.

The evidence included a 37-second video filmed by a witness, which shows Levi being hit with the stun gun three times. After the third time, Levi drops one of his knives but immediately picks it back up and seconds later is moving toward one of the officers with the knives pointed toward him, according to the report. The sound of two shots follows.

The officer who fired the shots told investigators Levi was about three to five feet away from him and he perceived a "threat of death or grievous bodily harm" when he fired.

In its statement, the prosecutions service said the decision not to lay charges against the officers does not "diminish the tragedy of the event." It said Levi's death is "a pain shared by members of the Metepenagiag First Nation and residents of neighbouring communities that cared about him."

A coroner's inquest will be held into the incident, although a date and location have not been set.

At such an inquest the presiding coroner and a jury will hear evidence from witnesses to determine the facts surrounding the death. The jury can then make recommendations aimed at preventing deaths under similar circumstances in the future.

This report by The Canadian Press was first published Jan. 26, 2021.