Hamilton

Steve Mesic shooting inquest Day 9: Focus on police training

The inquest into Steve Mesic’s death continues on Thursday. Follow reporter Joe Engelhardt's tweets live from the courtroom.

Former steelworker died in police shooting in June 2013

Steve Mesic was shot and killed in June 2013 in a confrontation with police. (Mesic family)

Hamilton Police’s training and use of force policies were put under the spotlight Thursday as the coroner’s inquest into the death of Steve Mesic wrapped  up it’s ninth day. 

The inquest was told Hamilton police officers go through a mandatory 10-hour use of force re-certification every year, said Sgt. Jon Alsbergas, the use of force supervisor for the service. 

They must be prepared to de-escalate at any time, or escalate, given the situation they’re in.- Jon Alsbergas, HPS use of force trainer

The training includes specific situations where officers simulate dealing with emotionally disturbed people, he said. 

Alsbergas also reaffirmed that there is no set use of force formula or way to escalate or de-escalate a situation, and an officer’s decision rests largely on how he or she perceives a situation. 

“They must be prepared to de-escalate at any time, or escalate, given the situation they’re in,” he said.

Tasers not the perfect fix

The issue of equipping more officers with Tasers was also raised, with Alsbergas noting that Hamilton police plan to buy 75 more of the electrical weapons by the end of the year, to be used by front line officers. 

While the device, which Alsbergas calls an “intermediate weapon,” is useful, it’s not a replacement for a situation where lethal force is needed. 

“You don’t take a Taser to a gunfight,” he said “You take a gun to a gunfight.”

Tasers are fickle devices, and can be rendered ineffective by a number of factors like thick clothing or both leads not hitting the target, he said. 

“If time and opportunity are there, you can use a Taser to resolve the situation,” he said, noting that time and opportunity often involve having another officer provide cover with a gun in case the Taser fails. 

Additional training fully supported

Under cross examination from Anita Szigeti representing the Empowerment Counci- an mental health advocacy groupl, Alsbergas said he’d fully support expanding Hamilton police training to include instruction from people who have experienced mental illness.

"I don't think I get a really true understanding [of mental crisis] until I talk to someone who's experienced it,” he said. 

The training could also go both ways, he said, suggesting the public could benefit  from learning more about how police respond to people suffering from emotional distress. 

If they hear ‘police don’t move,’ someone has gone into a lethal force option.- John Weiler, Instructor with the Ontario Police College

“The more the public understands what we do and why we do it, everyone’s better  off with that,” he said. 

Towards the end of his testimony, Alsbergas emphasized how sorry he was for everyone involved in the incident.

“[Especially] I feel sorry for Mr. Mesic,” he said. “The pain and suffering he went through.”

Alsbergas was the second police expert to testify on Thursday, with John Weiler, an instructor with the Ontario Police College, wrapping up his testimony in the morning. 

Lawyers representing a number of parties involved with the case grilled Weiler on the intricacies of police training. 

Specific attention was given to the use of the “police challenge” – the forceful saying of the phrase “police, don’t move,” which is taught to officers across the province. The challenge is normally said when an officer draws his gun on a suspect,  and is designed to alert the suspect, other officers and nearby civilians of the severity of the situation, said Weiler

“If they hear ‘police don’t move,’ someone has gone into a lethal force option,” he explained. 

Other tactics

Carr Hatch, a lawyer representing Mesic’s fiancé Shannon Dorr, also  questioned Weiler on a number of other tactics officers are taught, including the use  of batons, tasers, pepper spray, as well as the actual amount of time officers spend in training. 

Hatch also questioned if a less than lethal option like pepper spray could have been used in the specific situation that was faced by the two officers confronting Mesic

“We can't just say the closest officer “should” do something,” he said in response to the suggestion that one of the officers at the scene should have used pepper spray. 

Towards the end of the morning session, Weiler responded to questions  posed by Dr. Jack Stanborough, the coroner heading up the inquest, about an  officer’s obligations if they believe that a person is suffering from emotional distress. 

“The primary obligation is to assist that person as much as possible,”  explained Weiler, noting that officers often walk a fine line in dealing with these  situations. 

“It’s always that balance between you did too much and you didn’t do enough.”

Testimony allowed

Stanborough began the session by making a decision on a request to allow Jennifer Chambers of the Empowerment Council to testify. The testimony, which was discussed at the inquest on Wednesday, had lawyers divided. 

In the end, Stanborough decided to allow Chambers to testify on issues relating to patient care and psychiatric status, but said testimony relating to use of force and de-escalation tactics would not be allowed. 

“That psychiatric component is absolutely essential to this inquest,” he said. 

The inquest continues Friday, when Chambers’ evidence will be heard. Mesic, a former steelworker, was shot on June 7, 2013, just steps away from his own home near Lincoln Alexander Parkway and Upper Wentworth. The incident took place shorty after Mesic checked himself out of a voluntary mental health facility at 

St. Joseph's Healthcare Hamilton. 

The SIU cleared the officers involved in the shooting of any wrongdoing, but the mandatory inquest is examining the chain of events that led up to shots being fired.

So far, the jury at the inquest has heard testimonies from both officers involved in the shooting, two of Mesic’s neighbours, the lead SIU investigator, and a senior psychologist from St. Joseph’s Hospital. The jury also visited the site of the shooting on Tuesday.

The jury will be called upon to make recommendations on how deaths like Mesic’s can be prevented.

The inquest was scheduled last for 10 days, but will likely carry over to next Monday.