B.C. judge criticizes Surrey Police for delays in 2024 shooting investigation but allows USB evidence to remain until April.
Surrey Police Criticized for Investigation Missteps
In a rare rebuke from the B.C. Supreme Court, Justice Eric Gottardi openly criticized Surrey Police for failing to properly investigate a cellphone tied to a 2024 shooting. The judge called the lapse “inexplicable” as he reluctantly allowed the USB containing sensitive data to remain in police custody—but only until April 1.
The Crown had requested an extension until June 1, but Gottardi declined, noting the delay “falls perilously close to the line” despite the seriousness of the case.
Sensitive Data Ignored for Months
The court heard that the USB contained personal and private information from a suspect’s phone. Justice Gottardi emphasized that “data stored on cellular phones is of an intensely personal nature,” highlighting the tension between investigative necessity and privacy rights.
“This case underscores the importance of safeguarding individual rights against unauthorized state interference,” Gottardi said. “Searches of modern devices like phones and laptops are highly intrusive and must be handled meticulously.”
The Shooting and the Investigation
The shooting occurred late on Jan. 1, 2024, when two people were parked in a black Mercedes on a Surrey street. A man in a white vehicle allegedly shot one of them, identified only as I.J. Shortly afterward, police received reports of a white Dodge Caliber on fire—the vehicle linked to the shooting. Cigarette butts found at the scene later revealed DNA linking a suspect to the crime.
Coquitlam RCMP arrested a suspect, T.O., on Jan. 30, 2024, for an unrelated weapons charge, seizing two cellphones. A subsequent review of the phones uncovered critical evidence: messages, images, and data connecting T.O. to the shooting and the destroyed vehicle.
Judicial Concern Over Police Delays
Despite the discovery, the Surrey Serious Crime Investigative Team reportedly did little with the data until September 2024. Justice Gottardi called this delay “almost inexplicable,” noting that administrative lapses—including an officer on paternity leave and miscommunication between police and the Department of Justice—contributed to the hold-up.
While he acknowledged the errors were unintentional, Gottardi warned that the failure fell “short of the conduct we expect from professional law enforcement.”
Balancing Privacy and Public Safety
Ultimately, the judge concluded that the USB’s contents were “crucial” for the ongoing investigation. Evidence showed T.O. communicated with co-conspirators, mapped the shooting scene, and coordinated the destruction of the Dodge.
“Even though errors occurred, the public interest in concluding this investigation is compelling,” Gottardi said. Still, he refused the Crown’s request to extend detention until June 1, citing that the investigative file is now with the Crown Prosecution Service. The detention order will remain in effect until April 1, 2026.
