Man shot dead by police posed ‘immediate threat to life’ after firing air pistol, report finds

Spencer Ashworth was shot dead by police in Portbury Hundred
PA
Ellena Cruse17 March 2020

A man who was shot dead by police after firing an air pistol at an officer was believed to pose an “immediate threat to life”, a report has found.​

Spencer Ashworth, 29, waved a handgun at another motorist on the A369 Portbury Hundred in September 2017.

The delivery driver, originally from Southampton, had been travelling south on the M5 when police received reports of a man shooting at another motorist.

Firearms officers stopped Mr Ashworth and surrounded his red Suzuki Swiftcar with police vehicles at 9.32am.

The Independent Office for Police Conduct (IOPC) said the officers attempted to verbally engage with Mr Ashworth for more than 30 seconds but he did not comply with instructions to show his hands and get out of the vehicle.

He was seen to aim his pistol at one of the officers and fire it, and four armed officers discharged 15 rounds from their handguns over a period of four seconds.

Spencer Ashworth was shot on the A369 in Bristol
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Police and paramedics attempted CPR but Mr Ashworth had sustained fatal wounds to his head and chest and died at the scene.

Later investigations showed his weapon was a Walther air pistol, which had the appearance of a genuine Walther P99 semi-automatic pistol.

The air pistol had been fired twice during the incident, causing a superficial injury to the thigh of one officer.

A jury at Avon Coroner’s Court concluded on Tuesday, following a two-week inquest, that Mr Ashworth had been lawfully killed.

The IOPC released the findings of its investigation into the incident – including that police officers followed policies and procedures – after the jury’s conclusion.

Catrin Evans, regional director for the IOPC, said: “I send my condolences to Mr Ashworth’s family and everyone affected by this tragic incident.

“The evidence shows officers initially provided loud, clear and unambiguous verbal instructions to Mr Ashworth which sadly he did not comply with.

“The fact that four armed officers fired simultaneously can, in our opinion, be considered an indication that each of them, concurrently and instinctively, perceived there to be an immediate threat to life.

“We believe that the pistol in the hands of Mr Ashworth, and pointed in the manner that it was, would have had the appearance of a real firearm.

“After the shots were fired, all the firearms officers and other police who attended immediately attempted to save Mr Ashworth’s life.

“All key policing witnesses engaged positively with the post-incident procedures, and provided detailed accounts, which included their honestly held beliefs.”

Inquest jurors heard recordings of 999 calls made to police forces as Mr Ashworth travelled down the M5, as well as seeing bodycam footage from officers.

The IOPC said it had “identified learning” that all authorised firearms officers should be reminded of the requirement to start filming on their bodycams when they are authorised and directed to a firearms incident.

A post-mortem examination found Mr Ashworth died from gunshot wounds to the head and chest.

The inquest heard Mr Ashworth, a keen skateboarder who was talented at drawing, was believed by his family to have had depression.

He moved out of the family home aged 22 to live in Plymouth, Bristol and then Portishead, and kept in touch with his mother through email and occasional phone calls.

In one email sent in August 2017, he referred to “my new James Bond air pistol” and described how he wanted to go to California “before I have to shoot it out with the police”.

The inquest heard that Mr Ashworth, who was awaiting two prosecutions, had warning markers for violence, mental health and suicide on his Police National Computer (PNC) record.

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