No police actions could have prevented fatal shooting of Winnipeg man: inquest judge

The judge who oversaw an inquest into the death of a Winnipeg man killed by police responding to a domestic violence call in 2020 has concluded there was nothing police could have done differently to prevent what happened that day.

The incident began as officers responded to a 911 call at a home on Winnipeg's Anderson Avenue in the early morning hours of April 9, 2020, after a woman reported she had been assaulted by her boyfriend.

The woman said the man had a gun, and that there was a child in the home, according to an inquest report by provincial court Judge Antonio Cellitti issued last week.

When officers arrived, they heard someone screaming in the home and forced entry inside, where they saw Jason Collins, 36, "holding what appeared to be a firearm to his own head" and threatening to kill himself before "immediately and violently" closing the door to the home, Cellitti's decision said.

As police retreated and worked to set up a perimeter around the home, Collins's 15-year-old daughter exited the back door and was "safely taken into custody by officers." She told police there were two guns within the home, and said she didn't know whether they were long guns but that "she did see Mr. Collins with an oversized gun."

But before officers could establish communication with Collins or implement a response plan, the man "abruptly exited the front door with a pistol and pointed it at police while walking towards them," the report said.

He did not put the gun down despite "numerous calls by the police" to do so. As a result, the report said, officers shot Collins in the torso and left hand. He was taken to hospital and declared dead, while the woman who called 911 was taken to hospital with injuries to her arm and chest.

The gun Collins was holding was later determined to be a black plastic BB gun — photos of which submitted during the inquest "make it clear that the BB gun does in fact look like a real firearm," the report said.

"The officers on scene who saw Mr. Collins holding it believed that it was a real firearm, a belief that I find was reasonable," the judge wrote.

The report said the inquest also heard from Collins's mother, Kelly Collins, and his adult son, Isaiah, who both attended part of the inquest.

His mother said she misses her son dearly, and "feels that he was taken away far too soon," while his son remembers Collins as "a kind and thoughtful man and a father that sought to teach him important life lessons." A friend of Collins's, Jeff Desjarlais, also described him as "being good natured and having a kind, caring heart."

"All three made mention of Mr. Collins' smile, a smile that they will no doubt remember fondly," the judge wrote. 

"The death of Mr. Collins is a terrible tragedy that will no doubt continue to have a painful and lasting impact on the loved ones that he left behind."

Tragic outcome 'unfortunately unavoidable,' judge says

The report said the incident unfolded quickly, and that the police response was appropriate and followed use-of-force policy. That response included calling in advance for a tactical emergency medical support unit, which was on scene to immediately give Collins medical treatment.

The report also said the 911 call transcript makes it clear Collins knew the call had been made, and that police were likely coming to the home. Officers also loudly identified themselves and were in full uniform when they arrived, leaving the judge satisfied Collins was aware they were police and "not, for instance, intruders that he needed to defend himself or the other occupants of the residence against."

An autopsy determined Collins died from gunshot wounds to the torso, and found he had a number of drugs — including cocaine, opiate prescription medications, cannabis and flualprazolam —  in his system when he died

While the inquest, which was delayed by the COVID-19 pandemic, was called to determine the circumstances related to Collins's death and whether anything can be done to prevent similar deaths, the judge made no recommendations for change.

"Mr. Collins' actions left them with no option other than to use lethal force by discharging their firearms. The tragic outcome that day was unfortunately unavoidable given the actions of Mr. Collins," the judge wrote.

"I have not identified anything that the officers in this case could have done differently that would have prevented Mr. Collins' death or changed the outcome that day."

If you or someone you know is struggling, here's where to look for help:

• Canada's Suicide Crisis Helpline: Call or text 988.
• Kids Help Phone: 1-800-668-6868. Text 686868. Live chat counselling on the website.
• Canadian Association for Suicide Prevention: Find a 24-hour crisis centre.
• This guide from the Centre for Addiction and Mental Health outlines how to talk about suicide with someone you're worried about.

If you're worried someone you know may be at risk of suicide, you should talk to them about it, says the Canadian Association for Suicide Prevention. Here are some warning signs: 

• Suicidal thoughts.
• Substance abuse.
• Purposelessness.
• Anxiety.
• Feeling trapped.
• Hopelessness and helplessness.
• Withdrawal.
• Anger.
• Recklessness.
• Mood changes.