By Tracy Neal, the NZ Herald
Police officers who shot a gun-wielding man at the Henderson Police Station after he shot at them at six different locations during a wild chase were acting to protect themselves and the public.
Terror-stricken Henderson residents recounted the gunman’s rampage in March last year – one sharing the moment he watched David Fononga point a gun out his car window and shot at police.
Fononga was later shot and killed by AOS officers when he climbed out of his car at the Henderson Police Station and refused to drop his weapon.
In a decision released today, the Independent Police Conduct Authority has found that officers were justified in shooting Fononga to defend themselves and others, in what were extraordinarily difficult circumstances.
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At about 10.30am on March 17 last year, Fononga drove to the Gull Service Station on Forrest Hill Rd while Armourguard staff were replenishing an ATM machine.
He fired a shotgun into the ceiling and stole a cannister of cash then drove off.
About 25 minutes later, while police were at the scene, Fononga returned and presented his shotgun at them before driving off again.
In the 18 minutes that followed, Fononga drove around the Henderson area discharging his shotgun at police who were responding to the incident.
He shot at police at six different locations. The first was on Pine Ave, where he shot at a moving police patrol as it passed him at a roundabout. He then shot at another moving police patrol at a roundabout at Bruce McLaren Drive.
Both police patrols were sprayed with shotgun pellets but the officers were not injured.
In Seymour Ave a patrol car pulled over for the officer to lay road spikes. When the two officers saw Fononga approaching they took cover behind a parked civilian vehicle.
Fononga pulled up beside the police car and fired a shotgun blast through the driver’s window before driving off again.
As he approached the intersection of Awaroa Rd and Great North Rd he pulled up alongside a stationary patrol car and discharged his shotgun twice through the driver’s window while an officer was in the driver’s seat.
The officer managed to lean forward to dodge the blast and was not injured.
As Fononga drove along Great North Rd, he passed a police patrol that had stopped to take cover on the side of the road.
Fononga fired at the patrol car but none of the officers were injured. Two officers returned fire, hitting Fononga’s car.
When he stopped at the intersection of Great North Rd and View Rd, he pointed his shotgun at officers who had taken cover in a driveway across the road.
Police fired at Fononga which went through the windows of his car but did not hit him.
He then drove to the Henderson Police Station, followed by several police patrols, drove into the carpark, and got out of his vehicle still holding the shotgun.
He was challenged to drop his weapon before being shot by three AOS officers.
First aid was administered immediately, however, Fononga died from his injuries.
In the IPCA decision, all officers who fired at Fonogna were found to have been justified in their actions that day, including the three who shot him at the police station.
“We are satisfied on the evidence that all three officers fired for the purpose of defending themselves and other officers, both outside and inside the station.
“All three officers knew Mr Fononga had shown an intention to shoot Police officers. He was still armed and would have been able to fire again before an officer had time to react. There were no other tactical options reasonably available.”
‘An extremely frightening day’
Relieving Waitematā District Commander Inspector Stefan Sagar said police officers acted quickly and professionally in extraordinary circumstances to ensure the safety of themselves and the wider community.
“This was an extremely frightening day for all police staff in Waitematā and for the community as this event unfolded.
“It highlights the dangerous and unpredictable environment that our officers work in.”
He acknowledged the officers involved in this incident, many of whom had a firearm either pointed or shot at them.
“Despite this, they still acted professionally and quickly with community safety their priority,” Sagar said.
He said police were incredibly relieved that no member of the public or police were hurt during this incident, and acknowledged Fononga’s family who despite his actions on that day lost a loved family member.
Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government for the Nelson Mail.
