Credits: PERRY MAH
EDMONTON - The mother of an Edmonton teen fatally shot by city police has launched an $85,000 lawsuit against the officer involved and former police chief.
According to a statement of claim filed in Court of Queen's Bench on Jan. 28, Carol Green alleges her 17-year-old son Cyrus was shot and killed by the unidentified officer on Feb. 5, 2011, "without lawful justification."
Green says in the statement of claim that she has suffered grief and loss of the guidance, care and companionship of her son and has incurred expenses in connection with the funeral and disposal of the body and for grief counselling.
She alleges the officer who fatally shot her son was acting under the direction and control of Michael Boyd at the time and was in the purported performance of his duties as a police officer.
The statement of claim alleges Boyd, as the then-chief of police, is jointly liable for the actions of EPS members pursuant to the Police Act.
Green is seeking $85,000 in damages under the Fatal Accidents Act, as well as court costs.
According to the Alberta Serious Incident Response Team (ASIRT) - which ruled on Dec. 6, 2011, that the officer's actions were justified - the shooting happened after police responded to a reported armed mugging near the Coliseum LRT station.
Two people were taken into custody in connection with the robbery, but a third person fled from police. Officers managed to catch up to the teen in the parking lot of a restaurant across from Rexall Place.
According to ASIRT, the teen was armed with an aluminum baseball bat and a four-inch knife and, as he ran towards police, he was told to drop the weapons. But he refused, and raised the knife to shoulder height as he approached police, who were about three metres away.
"During this exchange, he said words to the effect of, 'You are going to have to shoot me,' " said ASIRT executive director Clifton Purvis at the time of the ruling.
Purvis said an officer fired three shots from his pistol, striking the teen three times in the chest. He was taken to hospital where he later died.
Purvis said at the time that the officer, who was then a five-year veteran of the force, was acting in self defence.
A statement of defence has not yet been filed.