Gang tensions and drive-by shootings: How did it all begin and where to from here? Video / NZ Herald / Brett Phibbs / Hayden Woodward
This week's fatal police shooting has thrown a regularly asked question back into the spotlight: why could police not have shot Wellington man Sam Fakalago in the leg?
Police were called to a Kingsbridge Place home on Tuesday afternoon after reports of a family harm incident, and ended up in a tense stand-off with Fakalago who had attempted to barricade himself, a woman and a small child in the house.
Acting Wellington District Commander Tracey Thompson said police could see Fakalago had a knife to the woman's throat and were gravely concerned for her safety when they made the decision to shoot.
The child had already managed to escape the house.
Police tried to make voice appeals to Fakalago without success.
Video of the incident taken by a neighbour shows police running towards the house, and multiple gunshots quickly following. Fakalago was fatally wounded.
In the days since, many have asked why police didn't simply "shoot to injure", but the questions ignore the reality of what police say is an "incredibly complex" situation.
"Armed incidents are typically volatile, fast-moving and incredibly complex situations. Officers often only have moments to make potentially life or death decisions," a police spokesperson said.
Sam Fakalago was killed by police after a tense stand-off. Photo / Supplied
"All officers are trained to shoot to incapacitate by aiming for the centre mass. This provides officers with the largest target area that is most likely to incapacitate a person who is presenting a threat of grievous bodily harm or death."
Despite what people see in movies or TV shows, shooting someone to wound them was incredibly difficult, even for highly trained shooters, and was "potentially dangerous".
"For example, if a shot is to miss, then it could hit someone else, or not effectively incapacitate the subject, who is also typically armed. This could result in police officers or members of the public being seriously injured or killed."
According to the most recent Tactical Options annual report from police, released in 2020, police discharged firearms seven times at five incidents that year, resulting in three fatalities, one injury, and one miss.
Acting Wellington District Commander Inspector Tracey Thompson speaks to media the day after the fatal shooting. Photo / Mark Mitchell
Of all the times firearms were deployed, 98 per cent only involved police presenting their guns.
Every one in 518 police callouts in 2020 involved the use of tactical options, which includes firearms, batons, empty hand techniques, Tasers, and OC spray. One in five subjects at each of these tactical option report (TOR) jobs were armed, whether with stabbing or cutting weapons (45 per cent), bludgeoning weapons (30 per cent), or firearms (2.2 per cent).
A Use of Force Overview report provided under the Official Information Act said the use of force against a subject "is the highest level of intrusion against a person's rights that police might take".
The Police Firearms chapter of the report said when dealing with an armed offender or one suspected to be armed, "if the offender is acting in a way that makes casualties likely, police must act immediately to prevent this".
Police at the scene of the fatal shooting on Tuesday. Photo / Mark Mitchell
They may use their firearms when there is an honest belief the subject, by age, behaviour, physical ability, threats, opportunity, or a combination of those factors is capable of carrying out the threat of death or grievous bodily harm to any person.
Police may only use their firearms to defend themselves or others "if they fear death or grievous bodily harm to themselves or others" and "cannot reasonably protect themselves or others in a less violent manner", according to section 48 of the Crimes Act 1961.
Police guard the scene of the fatal shooting on Tuesday night. Photo / Mark Mitchell
"There is no justification for firing at a suspect when they are no longer a threat to life. This applies regardless of the suspect's previous actions," the report said.
"Warning shots" are generally not allowed except under specific circumstances.
DOMESTIC VIOLENCE - DO YOU NEED HELP?
If you're in danger now:
• Phone the police on 111 or ask neighbours of friends to ring for you. • Run outside and head for where there are other people. • Scream for help so that your neighbours can hear you. • Take the children with you. • Don't stop to get anything else. • If you are being abused, remember it's not your fault. Violence is never okay
Where to go for help or more information:
• Shine, free national helpline 9am- 11pm every day - 0508 744 633 www.2shine.org.nz • Women's Refuge: Free national crisis line operates 24/7 - 0800 refuge or 0800 733 843 www.womensrefuge.org.nz • Shakti: Providing specialist cultural services for African, Asian and middle eastern women and their children. Crisis line 24/7 0800 742 584 • It's Not Ok: Information line 0800 456 450 www.areyouok.org.nz
