Shargin Stephens inquest in Rotorua: Police officer recounts shooting

Warning: Distressing content

A police officer broke down as he gave evidence about fatally shooting a man on a Rotorua road, telling an inquest he knew “he was going to try and kill me”.

Shargin Stephens, 35, died in Waikato Hospital 12 days after he was shot near the Te Ngae Shopping Centre after attacking an empty police car with a slasher.

A coronial inquest into his death began on Monday and follows two Independent Police Conduct Authority reports on the shooting. The first, in 2017, found it was “legally justified” in defence of the officer and public. The 2022 report found “unreasonable and oppressive” police bail checks on Stephens may have contributed to his actions the day he was shot.

All police officers involved in the inquest have name suppression. The officer who shot Stephens has been referred to as Officer L05.

L05 began his evidence by expressing condolences to Stephens’ whānau for the loss of their beloved family member.

“I acknowledge the pain that his passing has caused,” L05 said.

As he continued, in a room packed with police and Stephens’ whānau, L05 often had to pause, overcome with emotion.

L05 said July 14, 2016, started as an “uneventful morning”. He and his partner were at the Rotorua Police Station after making two arrests when “suddenly, everything changed”.

“There was a sense of urgency in the yard,” L05 said.

He heard over the police radio there was a “male walking down Vaughan Rd with a slasher and he wasn’t stopping”.

“I yelled at [my partner] to get in the car and started running back to my patrol vehicle while shouting at [another officer] to go.”

When he and the other police units arrived on Marino Rd, he saw Stephens moving the slasher up and down “like a person getting ready to fight”, L05 said.

As he opened his car door, he saw Officer L03 with his Taser out and “heard two distinctive pops”.

L03 gave his account of events to the inquest on Tuesday and Wednesday.

L05 said he saw the cables fly towards Stephens but did not see the prongs connect.

“He was waving the Taser cables out of the way with his left hand and brought the slasher up as though he was about to come down and strike at L03.”

“Mr Stephens was yelling at the top of his lungs. I could not make sense of what he was saying.”

Shargin Stephens was shot by police after he attacked an empty police car on July 14, 2016. He died 12 days later in hospital.

L05 returned to his car and armed himself with an M4-type Bushmaster. He said he chose the rifle over the Glock handgun because it could be more accurate over greater distances and was “therefore safer”.

“I had very little training on pistols prior to this for [the Glock] to be accurate and reliable”.

He ran to support officers confronting Stephens inside an auto repair shop.

“I heard someone yell: ‘He’s running towards Te Ngae Rd’.”

L05 said he ran back to Marino Rd and saw Stephens sprinting towards the shopping centre with the slasher.

“I gave chase on foot and was the only officer chasing.

“As he got to the grass verge on the corner of Te Ngae Rd and Marino Rd, I challenged him, yelling: ‘Stop, armed police. Stop where you are’.”

L05 said Stephens ran across two lanes of traffic to the median island.

“He stopped and turned to look at me holding the slasher in his right hand.”

L05 said the look in Stephens’ eyes was like someone “possessed”.

“His eyes were dark, seeming to show no emotion other than rage.

“I ran on to the road and put my hand out to stop traffic. I yelled at Mr Stephens: ‘Stop. Put your weapon down.’”

L05 said Stephens ran across the next two lanes as people came out of the shops across the road to see what was happening.

He said he kept chasing Stephens, shouting at him to stop and saying he was an armed officer.

“I was trying to get him to focus on me. He showed no registration of any of any commands and simply kept running.”

L05 said Stephens stopped suddenly and turned when they were both on the road about 10 or 15 metres from the shopping centre, raising his slasher.

“He was looking directly at me, in the eye,” L05 said.

“I raised my rifle, pointed at him and yelled: ‘Put your weapon down now. Put your weapon down’. He didn’t say anything. He was licking around his mouth.

“He took a step towards me with his left foot. I yelled, ‘I don’t want to shoot you. Put your weapon down now.’”

L05 said Stephens took another step towards him, this time with his right foot.

“As his right foot hit the ground, he completely raised his slasher above the shoulder. I knew at that point he was going to try and kill me.

“I centred my rifle sights on centre body mass as I was trained to do.”

A police officer broke down while giving evidence about the moment he fatally shot Shagrin Stephens. Photo / NZME

At this point in his evidence, L05 was overcome with emotion. His lawyer, Susan Hughes, KC, continued reading his statement to the inquest.

“[I] shot him twice,” the statement said.

“He immediately dropped the slasher and fell to the ground, gripping his stomach with both hands.”

According to L05′s statement, as he turned to walk away, a “numbing” sensation came over him.

“I stopped in my tracks and began hyperventilating, going over what had just happened.”

L05 said he had never aimed his gun at a civilian before that day.

Counsel for the Stephens’ family, Charl Hirschfeld, said to L05 that shooting Stephens a second time “indicated excess use of force in the circumstances”.

“What do you say to that?” Hirschfeld asked.

“I disagree,” L05 said.

Hirschfeld said L05 had “prematurely excluded” viable options and could have used language “suitable for de-escalation” such as asking for Stephens’ name.

L05 disagreed.

The time between L05 hearing the call for help on the radio to Stephens’ shooting measured less than five minutes.

The inquest continues.

Maryana Garcia is a regional reporter writing for the Rotorua Daily Post and the Bay of Plenty Times. She covers local issues, health and crime.