Police officer was 'reckless' when firing plastic bullets that killed woman: OPCC

Kathryn Marlow · CBC News

· Posted: May 23, 2025 10:39 PM EDT | Last Updated: 6 hours ago

A constabulary serviceman successful Victoria took "reckless and unnecessary" enactment erstwhile helium fired integrative bullets into a smokey room, sidesplitting a woman, according to a determination by the Office of the Police Complaints Commissioner (OPCC). 

The finding, comes from retired justice Wally Oppal, who presided implicit the OPCC's public proceeding into the decease of Lisa Rauch, 43. 

Oppal ruled yes to the archetypal question, and nary to the second. He besides outlined the bid of events starring up to the incidental successful his decision.

Kirkwood was 1 of the officers who responded to a telephone connected Christmas Day, 2019, erstwhile Rauch had locked herself successful the country of a supportive lodging portion successful Victoria wherever she was visiting a friend. 

According to witnesses, Rauch was successful a drug-induced psychosis and had threatened radical with a weapon if they entered the suite. 

Police initially waited successful the hallway for situation communicators to come, but the concern changed erstwhile a occurrence successful the country triggered the building's occurrence alarms. 

Worried the occurrence could spread, Kirkwood and different constabulary officers opened the doorway and gathered astatine the entry, on with 2 firefighters.

Kirkwood was equipped with an anti-riot instrumentality called an Arwen gun, which shoots integrative bullets. According to grounds outlined successful Oppal's report, constabulary see it to beryllium a "less lethal" limb — erstwhile it hits idiosyncratic beneath the clavicle. 

The firefighters past utilized a hose to spray h2o into the room, and Kirkwood fired 3 rounds of the Arwen gun, aiming astatine what helium thought was Rauch's abdomen. 

Because it was smokey, Kirkwood testified helium could not spot her head, but helium thought she was standing. 

But Rauch was really seated, facing distant from the door, and Kirkwood changeable the backmost of her head, not her stomach. 

She died successful infirmary a fewer days later. 

CCTV footage shown astatine the proceeding showed it was 46 seconds from erstwhile constabulary entered the portion to erstwhile they were carrying Rauch retired into the hall.

In his ruling, Oppal acknowledged that it was a stressful and chaotic situation, with fume and noise, and Rauch yelling but not responding to attempts from constabulary to talk with her. 

But, helium said grounds from firefighters indicated the occurrence was lessened by the water, and Kirkwood could spot capable of Rauch to cognize that she wasn't advancing connected them — truthful immoderate contiguous hazard was gone. 

"The circumstances were not such, erstwhile helium identified what helium believed to beryllium Ms. Rauch 15 feet away, that helium was deprived of a meaningful accidental to bespeak and reassess," wrote Oppal successful his report. 

Given that, Oppal recovered that Kirkwood committed maltreatment of authority. 

He is expected to suggest discipline, and urge corrective measures to Victoria Police, astatine a aboriginal day that is inactive to beryllium determined. 

Decision comes arsenic a surprise 

Both constabulary and the Rauch household said they were amazed by the decision.

Kirkwood stood and near the country arsenic soon arsenic Oppal said that maltreatment of authorization had been committed — portion Oppal was inactive talking. 

His boss, Victoria constabulary main Del Manak, shared his astonishment with reporters aft the proceeding concluded. 

He pointed retired that different investigations recovered Kirkwood had acted accordingly, and said it was a hard time for everyone. 

"This has truly been tough. It's been pugnacious connected our officers. It's been pugnacious connected the family. There are nary winners successful this," Manak said. 

He said he'll reappraisal the study and marque recommended changes, but said his officers acted arsenic dilatory arsenic they could to effort to grip a chaotic situation. 

Rauch's mother, Audrey Roach, said she and her household had been preparing themselves for a antithetic result. 

"I'm precise grateful for his decision. Sort of shocked that it did crook retired this way."

She said it has been a agelong five-and-a-half years since her girl was killed, and the travel is not implicit yet. 

She and her household accidental they are moving with the coroner's bureau to put an inquest into her daughter's death. 

She besides wants radical to retrieve that portion Lisa Rauch was troubled, she was besides a amusive and comic woman.