THE BC Prosecution Service (BCPS) announced on Tuesday that a stay of proceedings has been directed in relation to charges against Chilliwack RCMP Constable Keven Biagioni who was involved in a non-fatal use of force during an arrest on January 12, 2021.

Because of the serious nature of the injuries, the incident was investigated by the Independent Investigations Office (IIO). Following the investigation, the Chief Civilian Director of the IIO determined that there were reasonable grounds to believe Biagioni may have committed offences and submitted a report to the BCPS.

On November 3, 2022, a three-count information was sworn against Biagioni. Charges were laid under the Criminal Code pursuant to section 244(1) – discharge firearm with intent, section 268(1) – aggravated assault, and section 86(1) – careless use of a firearm.

A preliminary inquiry concluded in November 2023. The evidence that arose during the preliminary inquiry caused the Crown to seek an expert opinion regarding Biagioni’s use of force. The evidence at the preliminary inquiry and the expert report caused Crown Counsel to re-evaluate whether there was a substantial likelihood of conviction.

The BCPS said it has concluded that the available evidence no longer meets the charge assessment standard. As a result, a stay of proceedings has been directed regarding the outstanding charges.