A police officer who shot and injured a man attempting to hijack vehicles at gunpoint in west Auckland in 2023 was justified in doing so, according to an Independent Police Conduct Authority investigation.
On September 27, 2023, officers were told a stolen vehicle involved in an aggravated robbery was at a Te Atatu petrol station.
Police blocked the vehicle in and approached, however the driver rammed other vehicles to escape and drove onto the Northwestern Motorway, exiting at Lincoln Rd.
The man, identified in the authority’s report only as Mr X, left the stolen vehicle while carrying a long-barrelled firearm and unsuccessfully attempted to carjack multiple vehicles.
“He pointed his firearm at one driver who managed to drive away, then used the butt of the firearm to try to smash the window of another vehicle,” the authority noted.
Despite being told to drop his firearm, Mr X continued and opened the passenger door of a truck and pointed the gun at the driver.
While the driver was trying to get out of the truck, the officer, identified as Officer A, fired five shots at Mr X, injuring him in the back and finger.
He surrendered and was taken to Waitakere Hospital for surgery.
Hospital blood tests found the man had a substantial amount of methamphetamine in his system and, at the time of the incident, was on electronically monitored bail for a slew of charges.
Police identified his gun as a 5.5mm calibre bolt action air rifle, which was classed as “an especially dangerous airgun”.
The authority spoke to officers involved and reviewed more than 30 witness statements, traffic camera and dash cam footage, Eagle footage and police radio communications as part of its investigation.
It found Officer A was justified in shooting the offender to defend himself and others; police exercised appropriate command and control of the incident; and conducted pursuit of the stolen car in accordance with police policy.
“When Officer A fired shots at Mr X, he believed Mr X posed an immediate threat to the truck driver and an ongoing serious risk to himself, the public and any other police officers he encountered,” authority chairperson Judge Kenneth Johnston said in the report.
“We are satisfied that Officer A needed to respond urgently because Mr X posed a real and imminent threat. The potential dangers Officer A identified were not merely speculative and, if any of the risks materialised, the consequences could be grave: Death or serious injury.”
Johnston also said “sponge rounds or a police dog may have been suitable had they been available at the time, but the officers with these options were not yet on scene due to the speed at which this incident unfolded”.
“In our assessment, Officer A’s use of force was reasonable and proportionate having regard to the circumstances as he believed them to be.”
Police ‘incredibly proud’ of responding officers
Waitematā District Commander Superintendent Naila Hassan said it was “clear the armed offender posed an imminent threat to the safety of those around him”.
“I want to recognise the work of our frontline every day, which in many cases requires them to respond and make split-second decisions in situations unfolding rapidly to keep people safe,” she said.
“The entirety of this incident unfolded in around 10 minutes, and our staff moved forward with courage – given what was taking place on the overbridge.
“I’m incredibly proud of our police officers on that day.”
In September this year, a 31-year-old man was convicted and sentenced at the Auckland High Court for presenting a firearm at a person.
