Canmore resident Austin Desylva was “shooting to kill” when he fired twice at an RCMP officer who’d attempted to conduct a traffic stop, the constable told a judge Wednesday.
Video of the dramatic shooting and pursuit was released by Court of King’s Bench Justice Keith Yamauchi on Wednesday, offering a rare second-by-second glimpse into a police gunfight.
The incident took place on a Friday night in and around downtown Canmore starting with Desylva fleeing a traffic stop and shooting at Const. Reyno La Cock of the Banff RCMP.
It ended when La Cock cornered the offender at the end of a cul-de-sac and fired at him 25 times.
Desylva then fled into the woods and was found two hours later suffering from frostbite and gunshot wounds to the face and neck.
Guilty pleas
Earlier this week, the 28-year-old pleaded guilty to four charges, including firearms and drug offences.
A charge of attempted murder was withdrawn by prosecutors Alexandra Russell and Aaron Rankin.
A hearing is now underway following the plea. Defence lawyer Dale Fedorchuk wants Justice Yamauchi to find that the officer used excessive force so the defence can argue for a reduced sentence.
Const. La Cock is the first witness to testify as part of that hearing.
Court heard that on Feb. 24, 2023, La Cock was just south of downtown Canmore where police were conducting a traffic stop and using breathalyzers along Rundle Drive.
3D-printed gun used
Just after 11 p.m., La Cock noticed a white Buick pull a U-turn to evade the checkstop.
The officer got into his police SUV and pursued the Buick.
Inside his car, Desylva was armed with a 3D-printed, Glock-style handgun.
La Cock followed Desylva with his lights and siren for less than two minutes when he decided to terminate the pursuit for public safety.
As La Cock radioed his decision to stop following, the Buick slowed down. Moments later, Desylva took his first shot at La Cock, hitting the windshield of the RCMP SUV.
“No one has ever shot at me before,” said La Cock.
On Feb. 24, 2023, a Canmore man fled a traffic stop in his Buick and then shot at an RCMP officer. The officer pursued the man, cornered him at the end of a cul-de-sac and fired 25 shots. CBC News has edited this video for length.
‘Hoping for backup’
The constable said he thought to himself, “this guy is willing to kill someone for no reason but for a traffic stop.”
“I had to make s decision to re-engage the pursuit.”
With his lights and sirens back on, La Cock continued to follow Desylva.
In the minutes that followed, Desylva took another shot.
“He’s shooting at me,” La Cock said into his police radio to the RCMP operations centre.
At that point, La Cock said he was “hoping for backup.”
“I’m hoping for other members to know what’s going on. I don’t know how this is going to play out,” he said.
The second bullet hit a nearby home with four people inside, travelling through a garage door and two walls before landing in the mudroom.
Desylva’s gun jammed
After that second shot, and unbeknownst to the officer, Desylva’s gun jammed with a spent cartridge.
The pursuit continued, but soon after, Desylva found himself cornered in a cul-de-sac.
The Buick got stuck in the snow and La Cock pulled out his firearm.
Video shows Desylva attempting to get his vehicle out of the cul-de-sac but his wheels spin in the snow.
La Cock fired 25 shots at Desylva.
His sole goal was to “stop the threat.”
“This suspect has shown that he has shot at me, he’s used deadly force … now he can run at me with his vehicle as well,” said La Cock.
Shot in face and neck
Eventually, Desylva crawled out of the passenger door and fled toward the river.
About two hours later, investigators found the gun along a blood trail that led to Desylva, who’d made his way to the side of a house about 25 metres from the shooting scene.
Desylva was badly injured and suffering from frostbite. He’d been shot in the face and neck and was suffering from a shattered jaw.
The roof of his mouth was fractured and a bullet was lodged in his esophagus.
Police carried Desylva out of the woods.
Drugs, cash recovered
He was ultimately taken to Foothills Hospital in Calgary for surgery and remained in hospital for 15 days.
Police recovered three cellphones used for drug trafficking purposes as well as 40 grams of cocaine, a weight scale and $1,800 in cash.
The lawyers haven’t yet indicated what they’ll be seeking for a sentence.
The minimum sentence for discharging a firearm with intent to wound is five years in prison.
The Alberta Serious Incident Response Team (ASIRT) investigated the shooting and cleared La Cock of any wrongdoing.
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