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

PHOTOS: Small crowd gathers to watch 231-tonne stacker-reclaimer load onto barge crane

The Dynamic Beast barge crane, known for work with Johnson Street Bridge, makes a return

National Drug Drop-Off month aims to reduce substance abuse by house-bound youth

Expert says there is misconception prescribed medication is safe to take

Saanich Peninsula Hospital Auxiliary hosts pop-up fundraiser in Sidney

Temporary store to feature unique hand made gifts, collectibles, clothing, books and more

Victoria mayor wants newspaper boxes removed from downtown streets

Mayor Lisa Helps says the boxes are not needed, often filled with garbage

Esquimalt artists take to great outdoors amid coronavirus

Group invites budding, or just willing artists, to join at Saxe Point

Crews work overnight to try to put out wildfire on Pender Island

Fire department and B.C. Wildfire Service crews extinguishing fire in ‘extremely difficult terrain’

Crews work overnight to try to put out wildfire on Pender Island

Fire department and B.C. Wildfire Service crews extinguishing fire in ‘extremely difficult terrain’

SOOKE HISTORY: A peek into the journal of John George Whiffin

Elida Peers | Contributed One of our most popular walks is on… Continue reading

Michael Buble among 13 British Columbians to receive Order of B.C.

Ceremony will be delayed to 2021 due to COVID-19

U.S. border communities feel loss of Canadian tourists, shoppers and friends

Restrictions on non-essential travel across the Canada-U.S. border have been in place since March 2`

Rollout of COVID-19 Alert app faces criticism over accessibility

App requires users to have Apple or Android phones made in the last five years, and a relatively new operating system

Alleged impaired driver sparks small wildfire near Lytton after crash: B.C. RCMP

Good Samaritans prevented the blaze from getting out of control

Most Read