Edmonton Police Service has filed a statement of defence in response to the lawsuit from the family of an Edmonton man who was shot and killed by police in late June.
The statement of defence filed on behalf of police Chief Dale McFee denies every allegation filed by members of the Arkangelo family.
The family has filed a lawsuit against four police officers and the city’s police chief.
The family is seeking more than $1 million in damages, including bereavement damages, funeral expenses and counselling damages, loss of dependency and income damages and aggravated and punitive damages.
The statement of defence does not name any of the sworn EPS members and peace officers involved.
The statement of claim filed Aug. 23 alleges the shooting death of Arkangelo, 28, in a northeast Edmonton neighbourhood was “unnecessary, unreasonable and without lawful justification.”
None of the claims have been tested in court.
On June 29, Arkangelo was involved in a car crash and walked away from the scene, according to the lawsuit.
Police have previously said a search began, and security video shows Arkangelo walking around a nearby neighbourhood when a police vehicle approaches him. An officer exits the vehicle and draws his gun.
Denies death was ’caused by a wrongful act’
In his statement of defence, McFee denies that Arkangelo’s death “was caused by a wrongful act, neglect or default so as to trigger a claim under the Fatal Accidents Act.”
The chief states that “the force used by the EPS member was necessary, reasonable, and justified.”
“The EPS member used only so much force as was necessary in the circumstances and the Chief denies that the EPS member was reckless as to the result.
“At all times, the EPS members met all obligations, responsibilities, and duties owed to Arkangelo,” the statement reads.
Since the shooting, Arkangelo’s family and their allies have been outspoken, appearing at community rallies and calling for accountability.
EPS is seeking to have the lawsuit dismissed.