The officer says he repeatedly ordered Arkangelo to drop the blade. He claims Arkangelo said, “I’m a dangerous man, kill me, kill me, come on kill me.”
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Edmonton police are asking a judge to protect the identity of the officer who fatally shot Mathios Arkangelo, alleging the officer has already had multiple threats to his life.
Lawyers for Chief Dale McFee filed an application in the Court of King’s Bench Friday, seeking a publication ban on the name of the unidentified Edmonton Police Service (EPS) officer who killed Arkangelo on June 29. McFee is also seeking an injunction blocking Arkangelo’s supporters from identifying the officer and three other officers who responded to the scene.
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The EPS application says two “credible confidential informant(s)” alerted them to a “credible threat to the life” of the officer, identified in preliminary filings as John Doe #1.
“The individual, or individuals, involved with the death threat do not currently know the true identity of ‘John Doe #1,’ but are actively trying to find out who he is,” the application states.
“The interest in protecting the life of John Doe #1 outweighs the public interests of free expression and open and accessible court proceedings in the circumstances.”
The application was filed as part of EPS’s response to a $1 million lawsuit from Arkangelo’s family. The role police played in his death is also being investigated by the Alberta Serious Incident Response Team (ASIRT).
Tom Engel, the Arkangelo family’s lawyer, said as far as he knows, such an application is “unprecedented.”
Previous lawsuits in fatal police shootings have revealed the names of the officers — including in the case of Steven Nguyen.
Engel also cast doubt on the veracity of the alleged death threat saying, as it stands, there is no way to assess the information because it comes from anonymous informants.
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“It would have a chilling effect on the open-court principle,” he said of the application. “There’s good reasons for transparency to be required here.”
Crash on the Henday
Arkangelo, 28, was fatally shot in northeast Edmonton’s Fraser neighbourhood after a crash on Anthony Henday Drive. His death has led to vigils and protests outside city police stations, including the northeast division where the officers worked.
EPS’s statement of defence, which contains allegations not proven in court, says Arkangelo was reportedly intoxicated at the time of the single-vehicle crash and fled the scene on foot.
The officer found Arkangelo at Fraser Vista Drive and Fraser Way. Surveillance video shows Arkangelo standing more than a vehicle length away from the officer’s cruiser. He reaches into his pocket for a knife, opens the blade, and holds it out to his side with both arms extended.
The officer unholsters his pistol and, moments later, fires at Arkangelo. After one of the shots, Arkangelo drops the knife. He looks down at the blood forming on his shirt, then lowers himself to the ground and collapses on his back.
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EPS’s application to anonymize the names of the officers includes two affidavits — one of which, for the first time, contains the officer’s version of events.
That affidavit, a 165-page document prepared by EPS Insp. Michelle Greening, claims Arkangelo crashed his girlfriend’s Jeep in the ditch on Anthony Henday Drive. A witness allegedly saw him outside the vehicle drinking a bottle of liquor and overheard him say, “Why didn’t I die.”
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The officer encountered Arkangelo a short time later in a nearby neighbourhood acting strangely. He described Arkangelo calmly raising his arms in a way that appeared “genuinely submissive” — before pulling a knife from his pocket.
The officer says he repeatedly ordered Arkangelo to drop the blade. He claims Arkangelo said, “I’m a dangerous man, kill me, kill me, come on kill me.”
“By this point, the suspect had managed to close the distance from 20 metres to approximately five metres,” the officer wrote.
“I feared I would be grievously injured or killed by this person. I was left with no choice, I had to defend myself from an imminent lethal attack.”
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The officer says he fired at least three rounds, two of which struck Arkangelo in the chest, while another missed his head. Other officers arrived a short time later and handcuffed Arkangelo before beginning first aid.
Greening’s affidavit also includes dozens of social media posts from Arkangelo’s supporters, which refer to his killing as an “execution” and a “murder” and demand the officer’s name be released. The officer remained on active duty as of Oct. 1.
‘Grave’ risk to officer: EPS sergeant
The second affidavit, from Sgt. Robert Nayowski, says a confidential informant alerted police to the alleged death threat earlier this fall. The informant is not identified, beyond saying they “previously provided information that was determined to be true.” A second reliable informant corroborated the information, the affidavit says.
Nayowski says he believes the threat is credible and that unspecified “steps” have been taken to protect the officer. Specifics about what the informants told police were left out given the chance the details might identify the source, the affidavit adds.
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“It is my belief that if John Doe #1’s real name was made public, it would undermine all protective steps taken by the EPS, would place John Doe #1 at grave risk of grievous bodily harm or death, and could identify the (confidential informants) and thus create risks to their safety or lives.”
Engel said none of the posts contained in Greening’s affidavit show “any threat made by Arkangelo’s supporters.” He described the allegation as “vague,” and said it is unclear whether the alleged threat was ever made directly to any officer.
Allowing the application would be “an incentive for EPS and police services all over the place to try to hide the names of officers involved in lawsuits where serious misconduct is alleged,” Engel added.
No dates have been set to hear the application.
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