Investigation into fatal police shooting finds officers’ use of force was appropriate

Marius Ciolac, 35, was shot on October 7, 2022, when he approached Derbyshire Constabulary officers with a knife, after first trying to break into the Ascot Drive police station and attacking police cars parked outside.

Attempts to apprehend him by deploying Taser, a stun grenade and a baton round had proved ineffective.

Mr Ciolac died from a single shot to the abdomen. An inquest into Mr Ciolac’s death, which ended on Thursday (February 13), returned a conclusion that he was lawfully killed

Following the conclusion of the inquest, the Independent Office for Police Conduct (IOPC) said the findings of its investigation, which concluded in April 2023, can now be released following.

“We found that the actions of the officer who fired the fatal shot were reasonable and proportionate, given the circumstances and the threat to life he perceived,” the IOPC said.

The IOPC investigation established that Mr Ciolac walked through an open gate into the police station compound at 9.53am and broke entrance door glass panels with a knife in a failed attempt to get inside.

Mr Ciolac then approached a pedestrian gate in the compound where he was Tasered twice by an officer, although this was ineffective due to his thick clothing.

Parked cars were damaged by Mr Ciolac before he was challenged by two firearms officers, one of whom initially threw a stun grenade towards him, which emitted a series of loud bangs and a small amount of smoke. The same officer discharged a baton round.

Mr Ciolac continued to walk towards them and then ran forward with the knife pointed towards the second firearms officer, who discharged a single round from his carbine at a distance of less than three metres.

“We also found that officers used proportionate force, including further deployment of Taser and distraction strikes, while forcing Mr Ciolac to drop the knife after he was shot and fell to the ground,” the IOPC said.

“Once the knife had been secured police administered first aid until ambulance staff arrived to take over. Mr Ciolac was taken to hospital, where death was pronounced at 11.25am.”

IOPC Director Derrick Campbell said: “Our thoughts remain with Marius Ciolac’s family and everyone affected by his death.

“Fatal police shootings are fortunately rare and lethal force must only be used by officers when absolutely necessary. When such incidents happen, it’s vital that the circumstances surrounding the shooting are thoroughly and independently examined.

“During the course of the police interactions with Mr Ciolac, he repeatedly ignored instructions to drop the knife and officers initially tried to resolve the threat using various forms of non-lethal force, which were ultimately unsuccessful.

“The officer who fired the fatal shot said he feared for his life as Mr Ciolac ran towards him while holding a knife, and his account was corroborated by the extensive CCTV and police body worn footage reviewed by our investigation.

“Based on the available evidence, we found that the decision to shoot Mr Ciolac was reasonable in the circumstances.”

At the end of the investigation, the IOPC found no indication that any officers should face disciplinary action or had committed a criminal offence. All the police officers involved were treated as witnesses throughout inquiries.

Deputy Chief Constable Simon Blatchly said: “The tragic set of circumstances that took place on October 7, 2022, at Ascot Drive have had a long-lasting effect on all those involved.

“And, following the conclusion of the inquest into Mr Ciolac’s death, my thoughts and condolences remain with his family and friends.

“As was heard during the three weeks of evidence and witness testimony the situation that was faced that day was unprecedented.

“Officers take an oath to protect life, and they did all they could to protect themselves, their colleagues, the public, and ultimately Mr Ciolac.

“Having seen the footage from the incident, it is clear that significant attempts were made to negotiate with Mr Ciolac and bring the incident to a safe conclusion.

“They had attempted to use Taser, with no effect, and as he attempted to smash his way into the station, the decision was made that, due to the risk posed, armed officers had to be deployed.

“When officers arrived, they used a stun grenade and a baton round in a further attempt to use all the less lethal options to stop Mr Ciolac.

“However, for reasons that remain unclear, within 20 seconds of armed officers walking into the car park at Ascot Drive, Mr Ciolac rushed towards one of the officers armed with a knife, leaving him with no other option than to fire his weapon.

“Once Mr Ciolac was restrained, officers immediately began to undertake first aid and paramedics were on the scene in a matter of minutes.”

Mr Blatchly added: “The use of a firearm by an officer in Derbyshire is an extremely rare event, with most officers going their entire career without ever firing their weapon.

“That small number is testament to the high bar set for the use of a firearm, and the extensive training that is undertaken by officers to resolve matters through less lethal means.

“When an incident of this nature takes place, there is rightly a robust investigation undertaken by the IOPC which, after reviewing footage and the statements by all those at the scene, found that the force used by the officers, including the officer who discharged their firearm, was proportionate.

“All the officers who ran towards danger on that Friday morning were clear that they had to protect their colleagues, the public and try, to the best of their abilities, to ensure that Mr Ciolac did not come to harm.

“While they understand they will attend potentially dangerous incidents, this was unlike anything that many had been exposed to – and the impact has been significant.

“Those officers, as well as civilian staff inside the building, are not robots, they are mothers, fathers, husbands, wives, sisters and brothers. And while they understand the risks that their roles may place them in – it does not mean that they do not feel fear.

“I am immensely proud of the manner in which they conducted themselves that day and their attempts, at serious risk to themselves, to bring the incident to a safe conclusion and we will continue to support those officers and staff affected.”

The IOPC said its report and findings were shared with Derbyshire Constabulary, Mr Ciolac’s family and the Coroner.

IOPC investigators attended the scene and post-incident procedure following the shooting and during inquiries examined more than 50 witness statements from police officers, 18 from non-police witnesses and a further five from Derbyshire Fire and Rescue staff.

The firearm and Tasers used during the incident were examined and radio transmissions were reviewed and analysed. The IOPC also obtained a report from a use of force expert.