Police did all they could to help Shargin Stephens, shot on Te Ngae Rd last year. Photo / Ben Fraser
Police did all they could to help Shargin Stephens, shot on Te Ngae Rd last year. Photo / Ben Fraser
"If I don't stop him, someone's going to die."
That is what a Rotorua police officer was thinking when he shot dead an aggressive, slasher-wielding man in the middle of Te Ngae Rd, according to an Independent Police Conduct Authority (IPCA) report.
The authority released its report on the shooting yesterday, which found the officer was justified in shooting 35-year-old Rotorua man Shargin Stephens on July 14 last year.
Stephens was shot after he threatened police and members of the public with a 1.15m long-handled slasher.
He was on electronically monitored bail at his home, but had cut off his monitoring bracelet.
The night before, Stephens had bought a six-pack of Cody's Bourbon and Cola and shared "a point" of methamphetamine with three other people.
The report said Stephens had a negative opinion of police, and was "particularly angry and frustrated about the frequency with which police officers conducted bail checks on him".
About midday on July 14, Stephens left his home and threw a weight at a passing police car. He attacked a police car with the slasher, breaking several windows, when the officer stopped to speak to him.
The attack and most of the ensuing events were caught on cellphone footage and CCTV.
The officer managed to drive away and called for help.
Shargin Stephens had a negative attitude towards police. Photo / Supplied
Frontline officers, including dog handlers, tried to disarm Stephens, but he lunged at them with the slasher before running down a driveway.
Stephens turned and threatened them before attacking a police dog van.
One officer fired his Taser twice at Stephens without effect and another used an entire can of pepper spray in an attempt to stop him.
As Stephens crossed the northbound lanes of Te Ngae Rd, he looked at the driver of a vehicle and "raised the slasher as if to strike".
"[The officer] said he saw the terrified look on the driver's face and felt 'helpless'," the report stated.
The chase led to the Redwoods Shopping Centre where, at lunchtime during school holidays, a number of people stood in the carpark and watched events unfold.
The officer told the authority he thought, "if I don't stop him, someone's gonna die". He kept calling out to Stephens, trying to draw his attention away from the congregated people.
He said he considered shooting Stephens at this point but did not because members of the public were also in his line of fire.
Stephens then looked the officer directly in the eye from a distance of about 6m, and "licked his lips" like he was "on something", the officer told the authority.
The officer said he thought to himself, "Holy Jesus, this guy's, it's real now, he's focused on me."
When he saw Stephens start to move purposefully towards him with the slasher above his head, he feared Stephens would "take my head off".
When he was about 5m away, the officer shot Stephens twice.
He died 12 days later in hospital from his gunshot wounds.
"The officer believed that he couldn't retreat quickly enough to avoid being struck down, but he also determined that he couldn't leave the public unprotected," the report said.
In explaining his thought process, the officer told the authority, "If he turns left, goes into the shopping centre where it is, we're screwed. What we can do is limited. If he turns right he's gonna jack a car and I couldn't let that happen. So I confronted him, told him, 'Put your weapon down'. I brought my rifle up. 'Put your weapon down.' He didn't listen. 'Put your weapon down.' He didn't listen and then it was like slow motion."
Authority chairman Judge Sir David Carruthers said: "This incident was fast-paced, and took place in a busy urban environment. Many workers and bystanders were exposed to the threat posed by Mr Stephens, who behaved irrationally and with extreme aggression."
Judge Carruthers noted that repeated attempts to stop Stephens were unsuccessful.
"The officer who shot Mr Stephens was justified in doing so not only to protect himself, but also to protect the public," he added.
The authority also found officers were justified in using Tasers and pepper spray, that police did not have a reasonable opportunity to effectively deploy police dogs, that police exercised good command and control, and that all reasonable assistance was given to Stephens after he was shot.
Bay of Plenty district commander Superintendent Andy McGregor said he commended the professionalism of the staff involved.
"This is the last outcome which anyone wanted, however our staff must act appropriately based on the situation presented to them to keep themselves and our communities safe."
