December 30, 2015 - 6:30 PM
VANCOUVER - A British Columbia woman has agreed to the dismissal of her lawsuit in the shooting death of her father by police during an armed standoff outside a Lower Mainland casino.
Nousha Bayrami launched a civil action late last year against Delta police Const. Jordan MacWilliams and his employer, the Corporation of Delta, claiming she suffered financial loss and a deprivation of "love, guidance and support" as a result of her father's death in November 2012.
Bayrami accused MacWilliams of gross negligence and malicious misconduct, alleging in her suit the officer shot Mehrdad Bayrami, 48, outside the Starlight Casino in New Westminster, B.C., without warning or justification while he was backing away from police.
In a B.C. Supreme Court document filed earlier this month, legal counsel for both sides agreed to dismiss the suit without costs.
No additional settlement conditions were outlined in the consent order and lawyers for both sides declined to comment on the matter.
Last fall the Crown made the rare move of charging MacWilliams with second-degree murder following an investigation by the province's police watchdog.
Those proceedings were dropped in July after the Criminal Justice Branch said the available evidence didn't support a viable prosecution of MacWilliams.
Bayrami's father died in hospital 10 days after MacWilliams shot him in the abdomen during the confrontation, which began with an alleged hostage-taking.
The officer's response to Bayrami's suit said police were called to the casino after employees witnessed live security footage of a man allegedly threatening a woman with a handgun.
The hostage was rescued, read the court document, followed by a lengthy standoff. During that time MacWilliams was assigned the role of "lethal overwatch," providing cover to other officers and using deadly force if necessary.
The response to civil claim said MacWilliams shot Mehrdad Bayrami after the "distraught and violent man" pointed his weapon at police.
A coroner's inquest into his death is expected to begin in February, where jurors will hear from witnesses under oath before making recommendations aimed at preventing similar deaths.
News from © The Canadian Press, 2015