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Canmore man who fired at officer testifies he has no memory of incident

A Canmore man who was badly injured by return fire after he shot twice at an RCMP officer testified he has no memory of the incident.

“I can’t imagine shooting at a cop,” said Austin Desylva after taking the stand on Wednesday.

On Feb. 25, 2023, Desylva shot at RCMP Const. Reyno La Cock, who pursued him after the 28-year old pulled a U-turn to avoid a traffic stop in south Canmore.

La Cock returned fire. Two of his 25 shots struck Desylva in the face and neck, shattering his jaw and the roof of his mouth.

Last week, Desylva pleaded guilty to four charges, including firearms and drug offences stemming from the shooting. 

Desylva’s lawyer, Dale Fedorchuk, wants Justice Keith Yamauchi to find that the officer used excessive force so the defence can argue for a reduced sentence. 

On Wednesday, Desylva testified as part of that hearing. 

Woke up in hospital 

He told the judge that on the night of the shooting, he was at a bar drinking and had also smoked crack. Desylva said his next memory after being in the bar was waking up in hospital with a tube down his throat. 

Bullet fragments remain in Desylva’s face and neck. And he continues to suffer the effects of frostbite.

On the night of the shooting, La Cock was stopping drivers to see if they’d been drinking. 

When he noticed a car pull a U-turn to avoid the checkstop, La Cock got in his police SUV and pursued the driver.

That’s when Desylva took his first shot, which struck La Cock’s windshield. Shortly after, a second shot fired by Desylva hit a nearby home.

Blood trail 

La Cock ultimately cornered Desylva at the end of a cul-de-sac and opened fire, shooting at the suspect 25 times. He did not know the suspect’s weapon had jammed.

Desylva got out of his car and fled toward a heavily treed area.

About two hours later, investigators followed a blood trail that led to Desylva, who’d made his way to the side of a house about 25 metres from the shooting scene.

Despite saying he has no memory of the shooting, Desylva testified he has nightmares about bleeding out in the snow, unable to yell for help. 

A traffic stop in Canmore that turned into a car pursuit with shots fired

7 days ago

Duration 4:05

On Feb. 24, 2023, a Canmore man fled a traffic stop in his Buick and then shot at an RCMP officer. The officer pursued the man, cornered him at the end of a cul-de-sac and fired 25 shots. CBC News has edited this video for length.

Under cross-examination from prosecutor Aaron Rankin, Desylva acknowledged he was a drug dealer at the time of the shooting. 

He also told Rankin he has no memory of acquiring the 3D-printed Glock used to shoot at La Cock. 

Despite being a drug dealer, Desylva said he didn’t normally carry a firearm. 

“I didn’t have to carry a gun. I don’t have enemies,” he said. 

Arguments on the issue of excessive force will take place Friday. 

The Alberta Serious Incident Response Team (ASIRT) investigated the shooting and cleared La Cock of any wrongdoing.

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