RCMP cleared in fatal shooting in traffic stop

The second of three investigations that involved shootings of Indigenous men by RCMP in August 2013 has concluded in the same manner as the first: no wrong-doing by the RCMP officers involved.

The Alberta Serious Incident Response Team has concluded, based heavily on audio-recording from the police cruiser at the scene, that the RCMP officer “was acting properly in the execution of his duties” when he shot and killed Lance Cutarm, 30, and shot and injured Larron Cutarm, 41, following a traffic stop near Ma-Me-O Beach on Aug. 3, 2013. The officer, on his own in an unmarked cruiser, pulled over a truck driven by Lawrence Cutarm, who was accompanied by his three adult sons.

The ASIRT report states that “what was an initial traffic stop deteriorated very quickly” and spanned only one minute and 17 seconds from the point Lawrence Cutarm was asked to step out of his vehicle to when the officer, after having discharged his weapon multiple times at the two Cutarm brothers, left the scene in his vehicle to radio for an ambulance and back-up. Lance Cutarm was shot once in the chest and once in the left upper abdomen and was declared dead at the scene. Larron Cutarm was shot once, with the bullet entering his chest and exiting at the shoulder blade. He was located a distance from the initial scene and taken by STARS air ambulance to Edmonton for medical care.

The audio recording indicates that the officer uttered no racial slurs, did not use a Taser, and did not handcuff Lawrence Cutarm.

The report was released Jan. 20, after ASIRT executive director Susan Hughson met with the Cutarm family.

“They certainly were not happy with the results,” said Hughson. “They’re a grieving family… it was such a tragedy. It didn’t make sense that what should have been a traffic stop ended up in a death so I understand that they are so hurt and so grieving that they weren’t going to be happy with my decision. But at least, I think they felt respected and fully informed and that’s one of my goals.”

The meeting between Hughson and the Cutarm family, facilitated by a recently-hired Aboriginal investigator for ASIRT, included three Elders, a ceremonial blanket and opening and closing prayers by the Elders. Hughson says two of Lance Cutarm’s sisters thanked her for the way the findings were presented to the family. 

Hughson also met with Ermineskin First Nation Chief Randy Ermineskin and the band council later that day to explain the decision.

“That’s something we haven’t necessarily formally done before and I think that worked very well,” said Hughson, who anticipates this becoming procedure in the future when “dealing with a very serious incident” in the Aboriginal community.

Hughson was unable to attend a community meeting in Maskwacis, because of the timing. However, she has offered to make a return trip to answer questions.

The Cutarm incident was the second of three RCMP-involved shootings of Aboriginal men in August 2013. There is still one decision pending.

On Aug. 15, 2013, RCMP officers shot and killed Daniel Charland, 52, the subject of an arrest warrant, after a confrontation developed at his home on Cold Lake First Nation. The  investigation has concluded, says Hughson, but she needs to review the file.

Treaty 6 Grand Chief Bernice Martial, who is also Chief of Cold Lake First Nation, is Charland’s aunt. Said Martial, “We still didn’t have a meeting with ASIRT so we really don’t know, because of what happened there, the mother of the son, she’s so upset and has anger against the RCMP at this time so therefore it’s still up in the air.”

Hughson plans to have one of the Aboriginal ASIRT investigators act as a liaison with Charland’s family and community.

On Aug. 1, 2013, Curtis Hallock was shot in the arm and leg following an incident in the Victor Lake Métis Co-op residential area. The ASIRT investigation, which was concluded in June 2014, cleared the two Grande Cache RCMP officers involved. Hallock, who is featured in the second season of Mantracker, was charged with one count of assault with a weapon, one count of assault of a peace officer and three counts of dangerous operation of a motor vehicle.