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And in his own review of the case, Neufeld said because McLoughlin resigned from the service last May, he can no longer be disciplined.
“As I have lost jurisdiction over Cst. McLoughlin, this is not relevant to my analysis in this decision,” wrote Neufeld in his decision regarding eight complaints against the five officers filed by Edmonton lawyer Tom Engel on behalf of Heffernan’s family.
Those allegations included that McLoughlin had failed to use restraint while employing inappropriate force and unauthorized ammunition.
But Neufeld determined constables Carl Johns, Sandeep Shergill and Robert Brauer, and Sgt. Lon Brewster should face two allegations — that they unlawfully entered the hotel room and failed to adequately consider the tactical goals and risks before entering.
“There is enough evidence before me that, if believed, could lead a reasonable and properly instructed person to convict the officers at a disciplinary hearing,” stated Neufeld, who noted the incident has also been investigated by the RCMP.
But Neufeld determined there wasn’t enough evidence to believe the officers falsely reported Heffernan lunged at them or that they discussed details of the case among themselves before being interviewed about the shooting.
Heffernan’s family has been vocal in their belief that police used excessive force and that justice hasn’t been done for their son and sibling.
Anthony’s mother, Irene, said Neufeld’s decision brings little satisfaction and that the family is considering seeking to have the case heard by the Law Enforcement Review Board.