Investigation into fatal police shooting in Derby finds officers’ use of force was appropriate

An investigation by the Independent Office for Police Conduct (IOPC) into the fatal police shooting of a man in Derby found that officers’ use of force during the incident was appropriate in the circumstances. 

Marius Ciolac, aged 35, was shot on 7 October 2022 when he approached Derbyshire Constabulary officers with a knife, after first trying to break into the Ascot Drive police station and attacking police cars parked outside. Attempts to apprehend him by deploying Tasers, a stun grenade and a baton round had proved ineffective. 

We concluded our investigation in April 2023 and our findings can now be released following an inquest into Mr Ciolac’s death, which ended today (Thursday). Mr Ciolac died from a single shot to the abdomen and a jury has returned a finding that he was lawfully killed.

We found that the actions of the officer who fired the fatal shot were reasonable and proportionate, given the circumstances and the threat to life he perceived.

The IOPC investigation established that Mr Ciolac walked through an open gate into the police station compound at 9.53am and broke entrance door glass panels with a knife in a failed attempt to get inside.

Mr Ciolac then approached a pedestrian gate in the compound where he was Tasered twice by an officer, although this was ineffective due to his thick clothing. 

Parked cars were damaged by Mr Ciolac before he was challenged by two firearms officers, one of whom initially threw a stun grenade towards him which emitted a series of loud bangs and a small amount of smoke. The same officer discharged a baton round.  

Mr Ciolac continued to walk towards them and then ran forward with the knife pointed towards the second firearms officer, who discharged a single round from his carbine at a distance of less than three metres.

We also found that officers used proportionate force, including further deployment of Taser and distraction strikes, while forcing Mr Ciolac to drop the knife after he was shot and fell to the ground. Once the knife had been secured police administered first aid until ambulance staff arrived to take over. Mr Ciolac was taken to hospital, where death was pronounced at 11.25am.

IOPC Director Derrick Campbell said: “Our thoughts remain with Marius Ciolac’s family and everyone affected by his death. 

“Fatal police shootings are fortunately rare and lethal force must only be used by officers when absolutely necessary. When such incidents happen, it’s vital that the circumstances surrounding the shooting are thoroughly and independently examined. 

“During the course of the police interactions with Mr Ciolac, he repeatedly ignored instructions to drop the knife and officers initially tried to resolve the threat using various forms of non-lethal force, which were ultimately unsuccessful. 

“The officer who fired the fatal shot said he feared for his life as Mr Ciolac ran towards him while holding a knife, and his account was corroborated by the extensive CCTV and police body worn footage reviewed by our investigation.

“Based on the available evidence, we found that the decision to shoot Mr Ciolac was reasonable in the circumstances.”

At the end of our investigation, we found no indication that any officers should face disciplinary action or had committed a criminal offence. All the police officers involved were treated as witnesses throughout our enquiries.

Our report and findings were shared with Derbyshire Constabulary, Mr Ciolac’s family and the Coroner.

IOPC investigators attended the scene and post incident procedure following the shooting and during our enquiries we examined more than 50 witness statements from police officers, 18 from non-police witnesses and a further five from Derbyshire Fire and Rescue staff.

The firearm and Tasers used during the incident were examined and radio transmissions were reviewed and analysed. We also obtained a report from a use of force expert.