The Public Prosecution Service (OM) in Northern Netherlands has concluded that a police officer lawfully used his firearm on June 18, 2024, in the Hema in Ter Apel. In the incident, a person suffered a gunshot wound to his upper right leg. Two other police officers and the KMAR, who used force in this incident by deploying pepper spray and a baton, also acted in accordance with the use of force instructions according to the OM.
As always in such cases, the National Investigation Department conducted an extensive factual investigation. The purpose of this investigation is to determine whether the force used by the police was in accordance with the use of force instructions. In the context of this investigation, several police officers and other witnesses were heard. Call center conversations were analyzed, and camera footage from the Hema was reviewed and analyzed. Forensic investigations were also conducted at the crime scene and on the firearm.
Report
Two police officers were present that day as coordinators at the AZC during a work meeting. During the lunch break, they walked to the center of Ter Apel, where they witnessed an incident involving an aggressive man and a supermarket owner. The owner reported that the man had attempted to commit theft. The officers did not want the man to return to the center and decided to have a van come to take him back to the registration center. A KMAR van passing by stopped and provided assistance.
From a security guard at the center, the officers received a report that the man had been spotted in the Hema. Upon arrival, the officers were directed by staff to the checkout where the man was standing behind the counter. The two officers attempted to arrest the man and grabbed him. He refused to leave and got into a struggle with both officers. The officers used the baton and pepper spray to gain control of the man. The man managed to grab the baton from one of the police officers when it fell to the ground. With the baton, he made swinging motions towards the officer, wildly swinging around while fully fixated on the officer. The man had also picked up a shelf railing from the ground and was swinging it towards the police officer. He was wild and aggressive, and there was no way to communicate with him. The officer stepped back but could not go further. The man approached to about 1.8 meters. The man did not respond to the pepper spray used by the KMAR colleague. The police officer then fired a warning shot and shortly thereafter shot once at the mans legs.
Official instructions
The OM must assess in this case whether it was permissible to use the service weapon based on the use of force instructions. According to the Official Instructions, the police are authorized to shoot in order to avert immediate danger to the life of persons or to prevent serious bodily injury (the self-defense authority).
The OM finds, considering all circumstances, that the respective police officer was authorized to use his service weapon and did so correctly. There was a concrete and serious risk that he could suffer serious bodily injury and likely feared for his life. There was no other way to avert the danger.
Furthermore, the use of pepper spray and the baton by the other police officer and the KMAR staff member was, in the opinion of the OM, in accordance with the use of force instructions.