A new hearing date has been set in the case that saw a Victoria woman killed after being shot with ‘less-lethal’ (ARWEN) rounds during a police incident.
On Friday, May 23rd, the Office of the Police Complaint Commissioner (OPCC) will be holding a public hearing regarding VicPD officer Sergeant Ron Kirkwood and his involvement in the 2019 death of Lisa Rauch.
This date has been moved up three days from the previous set date of Monday, May 26th.
Retired BC judge Wally Oppal has been selected as adjudicator for the public hearing and will deliver his ruling afterward.
Oppal’s role is to determine whether Kirkwood committed misconduct in relation to the discharge of the less-lethal rounds that struck and killed Rauch.
Additionally, Oppal will determine whether the failure to complete required documentation following Rauch’s death can be considered misconduct.
Following the hearing, as adjudicator, Oppal may also make recommendations to the VicPD’s Chief Constable or Police Board regarding policy changes that could avoid future civilian deaths at the hands of police.
Lisa Rauch’s death
Though the incident which led to Rauch’s death occurred in 2019, the OPCC did not order a public hearing until October, 2023, and the hearing has taken until May, 2025 to take place.
The incident, which resulted in the death of Rauch, who was 43-years-old at the time of her death, took place on Christmas Day 2019.
VicPD responded to a distress call from a housing facility where Rauch had barricaded herself inside a unit with a kitchen knife, allegedly threatening other occupants.
An evacuation of the floor took place and police say they attempted communication with Rauch for about a half-hour, until smoke was observed coming from the unit.
When police saw the smoke, officers with the Greater Victoria Emergency Response Team (GVERT) broke down the door and entered the unit.
While entering the unit, Rauch was shot in the head multiple times with the ‘less-lethal’ rounds and succumbed to her injuries as a result.
Then-Constable, but since promoted to Sergeant, Kirkwood was the officer who fired three shots at Rauch, which struck her in the head.
The Independent Investigation Office (IIO) released a report in 2020, stating that police had difficulty seeing inside due to the thick smoke, which was captured on CCTV, and that police had issued verbal warnings to Rauch to comply with their orders before firing.
Leading up to a hearing
Following Lisa Rauch’s death, her family submitted a request, expressing concerns about inconsistencies in the evidence and the information provided by police and the IIO.
They asserted that a public hearing would offer an opportunity to ask questions and seek answers that they believe have been elusive throughout the investigation process.
Additionally, they argued that making this incident public is in the interest of ensuring transparency and accountability for police interactions with the public.
Following their request for a public hearing, former police complaint commissioner Clayton Pecknold, complied and called for a hearing.
He emphasized that the fact Rauch was in a vulnerable state and experiencing a mental health crisis were key factors in his decision to call for a hearing.
While still acting as police complaint commissioner, Pecknold stated that the officers’ actions in this case must undergo public scrutiny and noted that Kirkwood did not provide evidence to the IIO regarding his decision to use the less-lethal rounds.
Following the announcement of the public hearing, VicPD’s Chief Del Manak made a statement publicly pushing back on the hearing process, saying it had undergone enough scrutiny.
“At this point, my thoughts are with the family and the officers involved, who have all been subjected to a years-long process that has impacted their ability to move forward with their lives. We will continue to support the member who is the subject of this investigation, and our hearts are with the family who continue to re-live this event through these investigations almost four years later,” said Chief Del Manak.
In addition to being promoted since the incident, Kirkwood has also recently received an “Award of Valour” from the BC Association of Chiefs of Police and the Ministry of Public Safety and Solicitor General’s Police Services Division.
—with files from Mike Kelly.
