Inquiry begins look at shooting deaths

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The family and friends of a mother and child killed by an RCMP shotgun blast during a botched child welfare seizure is hoping that a fatality inquiry will result in changes to the way First Nations governments and the RCMP deal with Aboriginal people.

The inquiry into the deaths of Connie Jacobs and her son Ty began on Feb. 1 on the Tsuu T'ina First Nation near Calgary. Jacobs and her son were killed March 22, 1998 when RCMP responded to a call for help from the tribal police and a band social worker who were to seize the six children in Jacobs' care. They were confronted by the 37-year-old Jacobs, who was brandishing a rifle.

Const. Dave Voller testified that Jacobs shot at police and he returned fire when she refused to put down the firearm and attempted to reload. It wasn't until a number of hours later that RCMP discovered Voller had killed Jacobs and the nine-year-old boy that was standing behind her. Their bodies were found in a pool of blood on the porch of their home. Small footprints were found tracked through the blood, indicating another child had come across the bodies. Five children were found asleep in the basement of Jacobs' home.

Cynthia Applegarth, Jacobs' sister, told reporters she hoped the inquiry would make First Nations more accountable.

During the first day of testimony, Dr. Lloyd Denmark of the province's chief medical examiner's office said Jacobs and her son died within seconds of being shot. Jacobs sustained four pellet shots to the chest, one of which penetrated her heart. Three pellets wounds were found in Ty, one of which was in his aorta. Denmark said it was unlikely that quick medical attention would have saved their lives because the bleeding from the wounds would have been rapid. Police did not get to the pair until four hours after the shooting, because it was unknown if Jacobs was alive and she was still considered a threat to the people at the scene.

Jacobs was found clutching a rifle cartridge in her right hand, but a gunshot residue expert could not say for certain if Jacobs had fired the weapon. Residue on Jacobs' hands "were consistent with, but not unique to, gunshot residue," Richard Bruce Kramarchuk told the inquiry. His report concluded that it could not be determined if Jacobs had fired a firearm or was in the proximity of a firearm being fired. He told the inquiry, however, the rifle was the likely source of the residue.

An RCMP crime lab witness testified that Connie Jacobs had a blood-alcohol level of nearly four times the legal limit. He said the impairment would not have prevented her from firing the rifle.

Applegarth said she wants to know what authorities did to aggravate her sister so much for her to respond in such a violent way. She may get those answers during the next phase of the inquiry, which is scheduled for March. The final phase is scheduled for April.