Family of Winnipeg man shot by beanbag gun sue Vancouver police over death

Posted on August 9, 2024 by Peggy

The widow of a Winnipeg man who died two years ago after being shot with a beanbag gun by a Vancouver police officer has filed a wrongful death lawsuit against the Vancouver Police Department on behalf of herself and the couple’s six children.

In court documents filed in B.C. Supreme Court this week, Amanda Cook claims Christopher Amyotte died as a result of the negligence of an unnamed police officer who shot him “at close range.”

“[The officer] deployed several repetitive beanbags from a 12-gauge shotgun toward the back, spine and head area of Christopher Amyotte, striking him forcefully in the back, spine and head area with repetitive beanbag rounds,” the lawsuit reads.

“Christopher Amyotte immediately dropped to the ground and was no longer moving. Christopher Amyotte was pronounced deceased on Aug. 22, 2022.”

‘He made everyone around him happy’

Amyotte’s spouse, Amanda Cook, filed the lawsuit against the VPD, the Vancouver Police Board and B.C.’s Attorney General, as well as the individual officer accused of shooting Amyotte.

According to a statement released by Amyotte’s family in the days after his death, the 42-year-old was born on the Ditibineya-ziibiing (Rolling River) First Nation in southern Manitoba.

Family of Chris Amyotte, who was killed by a Vancouver Police Department officer is pictured during a press conference in Vancouver, British Columbia on Thursday, September 1, 2022. — In the days after his death, Amyotte’s family released a statement calling for a ‘thorough and fair’ investigation into his death. His widow is now suing the VPD. (Ben Nelms/CBC)

He was in Vancouver visiting family and was booked to fly home the day after the incident with police.

According to the lawsuit, Amyotte had been pepper-sprayed just before 8 a.m. “and had removed all of his clothing, was calling for help and was pouring milk on his eye area while walking on the sidewalk in the 300-block area of East Hastings.”

The court documents say “many officers of the Vancouver Police Department” arrived at the scene and Amyotte was shot by an officer standing “approximately five to 15 feet” behind him.”

Cook says she and Amyotte had been in a marriage-like relationship for three years and were the parents of six children ranging in age from 24 to seven years.

They are suing for loss of inheritance, loss of past and prospective earnings and “loss of care, guidance, training and affection.”

“Chris was always joking around, making fun of himself in order to be relatable to others, and to make them feel comfortable,” said the family statement released after Amyotte’s death.

“He made everyone around him happy and he loved his family, all of his kids and his grandkids.”

‘Amyotte was calling for help’

The lawsuit alleges negligence against the VPD officers and also accuses them of false arrest, claiming that at no time did they “have lawful or justifiable grounds to arrest” Amyotte.

The court documents say that Amyotte was never charged with any criminal offence.

“Christopher Amyotte had been pepper-sprayed and was physically unable to commit an offence as he was unable to see,” the lawsuit reads.

“Amyotte was calling for help due to having been sprayed with pepper spray. At no time did Christopher Amyotte obstruct the officers.”

B.C.’s Independent Investigations Office is also investigating Amyotte’s death but has not released any findings to date.

In an email, a VPD spokesperson said it would be “inappropriate” to comment while the lawsuit is before the courts. None of the allegations have been tested in court.