Shooting justified but police could have tried negotiating, report says

Police were justified in shooting Slovakian national David Cerven in Auckland last year, the Independent Police Conduct Authority says.

However the authority ruled that the officers’ actions ‘‘precipitated Mr Cerven’s response’’ and found there were a number of other actions the officers could have taken, including furthering their negotiations with the unarmed Cerven. He was shot on August 2 last year. About 25 minutes earlier, Cerven called police asking them to meet him in Myers Park to talk about three aggravated robberies he was suspected of committing.

Four unarmed officers went to the park where, the authority said, Cerven did not comply with requests to come down from a hill, show his hands or lie on the ground. Cerven told them he had a gun. The IPCA report said two armed officers approached Cerven and told him to get on the ground. Instead, he was said to have taken his hands out of his pockets and appeared to clasp them together, making it look like he had a firearm in his hands. Both officers simultaneously fired several shots at Cerven, who died at the scene.

The authority said it accepted the two officers believed Cerven had a gun, that they feared for their lives and in the circumstances, according to law and police policy, were justified in shooting him.

‘‘However, the authority is also of the view that the focus of the two officers was on the risk Mr Cerven posed to the unarmed officers at the scene and not on a complete assessment of the situation.

‘‘In acting as they did, the two officers did not give sufficient weight to the risk members of the public were exposed to, or whether it was necessary to immediately engage Mr Cerven.’’

Specifically, the officers did not consider the possibility of covering unarmed officers while negotiating his surrender, taking over negotiations from the unarmed officers, delaying Cerven’s arrest by continuing with negotiations until the park could be properly cordoned and Cerven contained, or finding out whether the armed offenders squad was going to be, or had been, called, the report said.

‘‘In addition, the two officers did not advise the communications centre of their intended approach.

‘‘Their failure to do so meant neither the communications centre nor the four officers present in the park were aware of their plan and it was not approved by the dispatcher, who at that time had control of the incident.

‘‘As the four other officers were unaware of the plan, they had limited time to retreat and take cover.’’

Authority chair Judge Sir David Carruthers said the public must have confidence that police followed law and policy at all times. ‘‘Particularly where lethal force is involved,’’ he said.

‘‘In this case, the authority accepts that the officers were justified in shooting Mr Cerven, but has found some of their actions leading up to the shooting were wanting – to the extent they precipitated the response that led to his death.’’ Cerven had received ‘‘all reasonable assistance’’ from police after being shot, the authority said. According to a summary of events included in the IPCA’s report, Cerven was loaned 30,000 when he moved to New Zealand with his partner, and the debt had ‘‘stressed’’ him.

Friends said the professional kick boxer, was in financial difficulty after having major knee surgery which prevented him competing.

Police say he carried out a series of aggravated robberies, allegedly leaving his passport at the scene of one.

In the lead-up to his death Cerven had exhibited ‘‘unusual behaviour’’, the authority said. His partner told police she noticed money disappearing from their joint accounts and the IPCA said Cerven had been gambling online and watching videos of armed robberies and war movies. Police allege Cerven committed robberies on July 26, and 29 and August 1, while armed with a knife. The first two robberies allegedly netted him $964.

However, the third time the shopkeeper fought back, prompting Cerven to drop his backpack containing his passport and driver’s licence.

The following day police put out a national alert including a photograph of Cerven and asking for information. His girlfriend spoke to him for the last time at 7pm when he was said to have fluctuated between laughing and crying. Cerven called police 20 minutes later. He was shot at 7.45pm.