Andy Ivens, The Vancouver Province
An RCMP expert on blood-spatter evidence told an inquest into the death of Ian Bush yesterday that the police version of the shooting is far-fetched but not impossible.
Const. Paul Koester told homicide investigators last year he feared Bush, 22, was about to choke him into unconsciousness, telling the rookie police officer to “take [his] last breath.” With Bush on Koester’s back, Koester said he pulled his pistol as a last resort, reached behind Bush, hit him with the barrel a few times and then shot him once in the back of the head on Oct. 29, 2005.
Sgt. Jim Hignell, a forensic expert, said blood patterns on the wall of the interview room of the Houston RCMP Detachment show Bush was shot less than four feet from the wall.
Under questioning by Bush family lawyer Howard Rubin, who offered Hignell two small, moveable dolls to demonstrate the police theory for the jury, the sergeant was stymied. “It would not be an easy feat,” Hignell concluded.
Koester, who was cleared of any criminal wrongdoing, is expected to testify this morning.
Fireworks erupted in the packed Houston Community Hall when Rubin tried to prove Hignell had only had Koester’s complicated manoeuvre described to him for the first time by legal counsel for the RCMP this week.
Helen Roberts, representing the attorney-general of Canada, objected forcefully when Rubin asked Hignell if he had spoken to the RCMP lawyers about Koester’s version of Bush’s death.
“That’s a privileged conversation,” interjected Roberts.
After Rubin reframed the question, Hignell said: “Last night was the first time I spoke of this to counsel.”
Ian’s mother, Linda Bush, with her daughters Renee and Andrea, appeared emotionally sapped by the day’s gripping testimony. Most upsetting for her was the jury viewing graphic autopsy photos of her son. “No matter what else, it comes down to the fact [Koester] chose to take out his gun and shoot my son in the head, obviously to shoot to kill,” Linda said outside the hall.
Rubin said outside the inquest he was surprised that homicide officers did not do a reconstruction of the death struggle as narrated by Koester.
Coroner’s counsel Mitch Houg said he expects Koester to say he arrested Bush outside the Houston hockey arena for having open liquor in the parking lot.
Houg said Bush gave Koester a false name, which the constable knew right away was false, so he took him into custody for two offences — having open liquor and providing a false name.
Houg said Koester is expected to say that relations with Bush were cordial and then Bush became abusive and a fight broke out.
“Const. Koester received a blow to the head with sufficient force to stun him,” Houg said.
They wrestled until they landed on a couch with Bush on top of Koester.
Bush’s chest was forcing down on Koester’s back, said Houg.
“Mr. Bush had one or both arms around [Koester's] neck.”
Houg said Koester withdrew his pistol and reached around to bludgeon Bush with the barrel end.
“He decided he was not able to extricate himself from the [choke hold] and . . . made his decision to discharge his weapon,” said Houg.
Earlier, identification officer Sgt. Chuck Duncan testified there were no bruises on Koester’s neck.
He also testified that video equipment in the interview room and a TV monitor in the constables’ room were turned on, but there was no tape in the video recorder.
While it has been widely reported that Bush held an open beer when he was arrested, identification photos showed the long-neck bottle of Budweiser had not been opened.
Roberts asked Duncan about a single thumb print pointing downward on the bottle neck, which he determined was Bush’s.
Duncan said it was consistent with Bush holding the bottle with the top end at his wrist and the base of the bottle away from him.
Toxicologist Dr. Walter Martz testified Bush had a blood-alcohol level of about 0.17 — more than twice the legal limit to drive.
For Ian’s mother, the news of the bottle came as a surprise. She was speechless when informed of the unopened bottle.
The inquest is expected to last the rest of this week, then adjourn and resume for a week in early July.
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