POLICE 'PRUDENT' IN FATAL SHOOTING, EXPERT TESTIFIES

Officer used reasonable judgment in '97 raid that led to Hiebert's death,
inquest told

A police expert testified yesterday that officers acted appropriately during
a raid in which an officer fatally shot Abe Hiebert.

"It's my opinion that the officers involved acted in a standard and prudent
manner," Sgt. Douglas Ashton told the inquest.

Ashton, a member of the Peel Regional Police Service in Ontario, is a
"use-of-force" expert and trains recruits at Ontario Police College on how
to react to threatening situations.

Hiebert was killed after he hit police with a bat during a raid by vice
officers at his Dufferin Avenue home on Dec. 16, 1997.

The inquest has been told that one officer was struck on the leg with a bat
four times and another was pepper sprayed.

At that point, Det. Sgt. Leonard Small drew his gun and shouted at Hiebert
to stop.

Moments later, Small fired a single shot into Hiebert's chest, killing the
60-year-old man.

Ashton said he felt Small was justified in drawing his firearm, noting that
it seemed clear that his fellow officers were in danger, particularly Const.
Harold Schlamp, who had been pepper sprayed by Hiebert.

"It was a reasonable decision," Ashton said.

However, there was some debate yesterday as to just where Schlamp was at the
time and how vulnerable he was. Small and another officer previously
testified that Schlamp was crouched down outside Hiebert's back door.
Schlamp said he was stuck between the rear door and the frame.

Lawyer Martin Pollock, acting for the Hiebert family, questioned why Ashton
seemed to side with Schlamp's account.

Ashton said it's not uncommon for conflicting accounts to arise from tense
situations. He said he felt Schlamp would be the most reliable as to where
he was positioned.

Pollock also suggested that Hiebert, because he only hit the officer in the
leg, was acting defensively. Ashton said it was impossible to conclude what
Hiebert's intentions were.

The inquest also heard that vice officers were briefed for only 10 minutes
before going out on the search warrant. Ashton said it was a short time but
noted they were an experienced team. He did however suggest that filling out
a raid plan would be beneficial so it could be evaluated afterward.