Police misconduct ruling in death of B.C. woman Lisa Rauch, killed by anti-riot round
VICTORIA - An adjudicator appointed by British Columbia's police watchdog has found a Victoria officer committed misconduct when he fired an anti-riot weapon at a woman in 2019, striking her in the head and killing her.
Retired judge Wally Oppal says in his ruling for the Office of the Police Complaint Commissioner that Sgt. Ron Kirkwood's use of the so-called ARWEN rounds against Lisa Rauch was 'reckless and unnecessary.'
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Winnipeg Free Press
24-05-2025
- Winnipeg Free Press
Police misconduct ruling in death of B.C. woman Lisa Rauch, killed by anti-riot round
An adjudicator appointed by British Columbia's police watchdog has found a Victoria officer committed misconduct when he fired an anti-riot weapon at a woman in 2019, striking her in the head and killing her. Retired judge Wally Oppal ruled for the Office of the Police Complaint Commissioner that Sgt. Ron Kirkwood's use of the so-called ARWEN rounds against Lisa Rauch was 'reckless and unnecessary.' No date has been set for Oppal's decision on possible discipline or other recommendations. Rauch had locked herself in an apartment on Christmas Day, 2019, resulting in a police call that ended with her death when Kirkwood fired three ARWEN rounds into the room. The anti-riot weapon Kirkwood used against Rauch fires plastic projectiles, and a police inspector instructed him to 'target' the woman as soon as he saw her, Oppal's ruling said. Oppal's ruling said Rauch, 43, was addicted to drugs and had been drinking alcohol and using crystal meth with a friend at an apartment, when she went into a 'drug induced psychosis.' When police entered the apartment, which was filled with smoke from a fire, they believed they saw Rauch standing in the room, but she had instead been sitting on a couch with her back to them, 'not standing facing them.' Two plastic rounds hit her in the back of the head, 'causing significant trauma,' Oppal's ruling said. Kirkwood, who was a constable at the time of the incident, said he wouldn't have fired the rounds 'if he knew he was aiming at her head,' and said it was difficult to find Rauch afterwards due to the thickness of the smoke. Oppal said Kirkwood's assessment that the situation justified firing the weapon was 'objectively unreasonable' due to Kirkwood's obscured view of the room. He found the allegation of an abuse of authority proven. Oppal found that Kirkwood's failure to make notes did not constitute a neglect of duty. Although this was contrary to Kirkwood's 'common law duty,' it was in line with what his force expected at the time, and accorded with his superior officers' directions, Oppal found. Police Complaint Commissioner Prabhu Rajan said the case involved the first public hearing called under the B.C. Police Act into a person's death. 'Rauch lost her life, and her family and friends are surely continuing to deal with their tragic loss. All involved, including (Sgt.) Kirkwood and the many first responders, dealt with a traumatic experience,' Rajan said in a news release. 'I am hopeful that lessons can be learned from this tragedy.' This report by The Canadian Press was first published May 23, 2025.
CBC
24-05-2025
- CBC
Police officer was 'reckless' when firing plastic bullets that killed woman: OPCC
Social Sharing A police officer in Victoria took "reckless and unnecessary" action when he fired plastic bullets into a smokey room, killing a woman, according to a decision by the Office of the Police Complaints Commissioner (OPCC). The finding, comes from retired judge Wally Oppal, who presided over the OPCC's public hearing into the death of Lisa Rauch, 43. The hearing was ordered by the OPCC after previous investigations by both B.C.'s Internal Investigations Office and an investigation by Vancouver Police found no wrongdoing. The OPCC monitors and investigates municipal police forces and administers discipline according to the Police Act. As a civilian office of the B.C. government it is independent from municipal police forces. The hearing, which ran for 16 days spread out over six months, sought to determine two things: whether Sgt. Ron Kirkwood (then a constable) committed abuse of authority by using unnecessary force against Rauch, and whether he committed neglect of duty by not making notes after the incident. Oppal ruled yes to the first question, and no to the second. He also outlined the series of events leading up to the incident in his decision. In his decision, Oppal outlined the series of events leading up to the incident. Kirkwood was one of the officers who responded to a call on Christmas Day, 2019, when Rauch had locked herself in the room of a supportive housing unit in Victoria where she was visiting a friend. According to witnesses, Rauch was in a drug-induced psychosis and had threatened people with a knife if they entered the suite. Police initially waited in the hallway for crisis communicators to come, but the situation changed when a fire in the room triggered the building's fire alarms. Worried the fire could spread, Kirkwood and other police officers opened the door and gathered at the entry, along with two firefighters. Kirkwood was armed with an anti-riot device called an Arwen gun, which shoots plastic bullets. According to testimony outlined in Oppal's report, police consider it to be a "less lethal" weapon — when it hits someone below the clavicle. The firefighters then used a hose to spray water into the room, and Kirkwood fired three rounds of the Arwen gun, aiming at what he thought was Rauch's abdomen. Because it was smokey, Kirkwood testified he could not see her head, but he thought she was standing. But Rauch was actually seated, facing away from the door, and Kirkwood shot the back of her head, not her stomach. She died in hospital a few days later. CCTV footage shown at the hearing showed it was 46 seconds from when police entered the unit to when they were carrying Rauch out into the hall. In his ruling, Oppal acknowledged that it was a stressful and chaotic situation, with smoke and noise, and Rauch yelling but not responding to attempts from police to speak with her. But, he said testimony from firefighters indicated the fire was lessened by the water, and Kirkwood could see enough of Rauch to know that she wasn't advancing on them — so any immediate risk was gone. "The circumstances were not such, when he identified what he believed to be Ms. Rauch 15 feet away, that he was deprived of a meaningful opportunity to reflect and reassess," wrote Oppal in his report. Given that, Oppal found that Kirkwood committed abuse of authority. He is expected to suggest discipline, and recommend corrective measures to Victoria Police, at a later date that is still to be determined. Decision comes as a surprise Both police and the Rauch family said they were surprised by the decision. Kirkwood stood and left the room as soon as Oppal said that abuse of authority had been committed — while Oppal was still talking. His boss, Victoria police chief Del Manak, shared his surprise with reporters after the hearing concluded. He pointed out that other investigations found Kirkwood had acted accordingly, and said it was a difficult day for everyone. "This has really been tough. It's been tough on our officers. It's been tough on the family. There are no winners in this," Manak said. He said he'll review the report and make recommended changes, but said his officers acted as slowly as they could to try to handle a chaotic situation. Rauch's mother, Audrey Roach, said she and her family had been preparing themselves for a different result. "I'm very grateful for his decision. Sort of shocked that it did turn out this way." She said it has been a long five-and-a-half years since her daughter was killed, and the journey is not over yet. She and her family say they are working with the coroner's office to arrange an inquest into her daughter's death. She also wants people to remember that while Lisa Rauch was troubled, she was also a fun and funny woman.
Global News
24-05-2025
- Global News
Hearing finds VicPD officer committed misconduct in woman's plastic bullet death
A public hearing for a Victoria police officer in the death of a woman shot with plastic bullets on Christmas Day in 2019 determined he committed misconduct under the police act. The woman, Lisa Rauch, 43, was taken off life support and died in hospital a few days after the incident. Retired judge Wally Oppal delivered his ruling on Sgt. Ron Kirkwood on Friday, following 16 days of hearings. 'She was funny, she loved her family,' Audrey Rauch, Lisa's mother, told Global News. 'I would really hope that this has a deterrent effect on how people are dealt with – I really do.' 2:08 Hearing into Victoria police officer's actions in 2019 death of Lisa Rauch Police had been called to a housing facility after a fire broken out in a suite where Lisa was barricaded and had reportedly threatened someone with a knife. Story continues below advertisement With smoke coming from the window, police moved to enter the unit and fired three projectiles from an ARWEN, a so-called 'less-lethal launcher,' striking her in the head. Get breaking National news For news impacting Canada and around the world, sign up for breaking news alerts delivered directly to you when they happen. Sign up for breaking National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy She was knocked unconscious and never woke up. The hearing heard Lisa had been visiting a friend in the building, where the two drank alcohol and took crystal meth before the fire broke out. Kirkwood told the hearing he believed Lisa posed a danger to others and that he fired the projectiles into the unit, believing he was aiming at her torso. Oppal ruled he should not have fired at her while his vision was obscured by smoke, and that the situation did not justify the use of potentially lethal force. However, he said he accepted Kirkwood did not intend to kill her, and that his remorse was genuine. Oppal also ruled that allegations Kirkwood neglected his duty by failing to document his actions were unsubstantiated. 2:29 Vancouver police notify watchdog after man shot with rubber bullets during mistaken arrest 'This was a dynamic scene like no other. There was reference made to seconds. There were fire alarms that were going off in the building, there was reduced visibility,' Victoria Police Chief Del Manak said. Story continues below advertisement 'This was not an easy call – there were many, many variables at play — and nobody wanted the outcome that we ended up with.' Tweet This Click to share quote on Twitter: "This was not an easy call - there were many, many variables at play — and nobody wanted the outcome that we ended up with." The Office of the Police Complaint Commissioner ordered the public hearing in 2023 following a request from Lisa's family, who said there were inconsistencies in information they received from police and from the Independent Investigations Office (IIO) — B.C.'s civilian police watchdog. An IIO investigation into the incident declined to open the door to charges in 2020, saying there were no reasonable grounds to believe an officer had committed an offence. The IIO report concluded Lisa was intoxicated and had threatened residents prior to the fire. It said while officers are trained to fire ARWEN rounds into a person's body, the officer's vision was obscured by smoke from the fire and he thought he had been aiming for her abdomen. A coroner's inquest into the death is still set to be scheduled in the coming months. Oppal is set to make recommendations to the Victoria Police Department and the Victoria Police Board at a later date.
