Officer who shot Michel Vienneau testifies at Bathurst arbitration hearing

A Bathurst Police Force constable says he shot twice at Michel Vienneau when he feared for the life of his fellow officer and twice more when he lost sight of the officer.

Const. Mathieu Boudreau was the final witness in the discipline hearing in Bathurst that began Oct. 16. Boudreau and Const. Patrick Bulger face five counts of code of conduct violations related to their actions Jan. 12, 2015. They deny any wrongdoing. 

That was the day Vienneau was coming home from Montreal on a Via Rail train. The two officers were part of a specialized intelligence unit that worked undercover investigating drugs and organized crime.

The unit had received anonymous tips through Crime Stoppers that morning that Vienneau was trafficking drugs on the train. The tips ultimately turned out to be false. 

Boudreau had been a police officer since 2009 and as of January 2015 had been with the Northeast Integrated Intelligence Unit for four months. 

He was driving an unmarked Pontiac G6. Vienneau started to back up his white Chevrolet Cruze to leave the train station. Boudreau also backed up with the cars then facing each other on Thornton Avenue. 

Boudreau testified Bulger stepped out of the Pontiac first as Boudreau's seatbelt was still fastened. As he stepped out of the Pontiac, Boudreau drew his pistol and said he yelled "police, police." He said he could see Vienneau with his hands on the wheel and could hear the car's engine "revving." 

The car, Boudreau testified, moved toward their car, hit the police car, then kept moving toward Bulger. Boudreau said  he saw Bulger's hand on the hood of the Cruze, and Bulger was between the car and a snowbank.

"I could still see Pat in front of the vehicle," Boudreau said, adding he then feared for his partner's safety. 

He fired twice toward Vienneau from about four feet (about 1.2 metres) away from the car, which kept moving. He testified he didn't recall yelling any commands as he fired his gun. 

"The assessment that I made was that the threat was still active, the car was still moving," Boudreau said. "At that point I lost sight of Patrick."

Boudreau said he then fired twice more. The car, he said, then stopped. Between the time the cars started backing out and the final shot, less than a minute elapsed, he testified. 

Basile Chiasson, the lawyer for the Bathurst police chief, asked Boudreau during cross-examination why the officers  hadn't stopped Vienneau while he walked from the train to his car. 

"That wasn't what was established as part of the operation," Boudreau said. 

Witnesses, including Bulger, have testified that Bulger was effectively leading the operation and outlined a plan over a police radio to other officer parked near the train station.

They would ensure Vienneau had all of his luggage. If they saw him start to drive south toward Queen Street, Boudreau would move the Pontiac to block the Cruze. Bathurst Police Force Const. Julie Daigle, parked in a driveway across the from the station, would pull up to block it from behind. 

If Vienneau started to go north, they'd wait until he was past the station to ensure he wasn't going to pick up more bags.

Chiasson asked if it was possible to step out of the police car and ask to look at Vienneau's bags once placed in the trunk of the Cruze. Boudreau said it would, "but that's not how the operation was."

"Obviously not, we know the result," Chiasson said.

Clothing questioned

When the officers attempted to stop Vienneau, it's unclear if he knew they were police officers. A number of witnesses have faced questions about the clothing worn by undercover officers. 

On that day, the only item the two officers had that identified them as police was a badge hanging from a chain around their necks. They were wearing coats, and Bulger was wearing a hat and sunglasses. 

Annick Basque, Vienneau's fiancée who was with him the day of the shooting, testified that she thought they were being attacked by terrorists or "druggies." Other witnesses testified Basque was heard yelling that officers weren't real police as she was removed from the Cruze.

Chiasson pressed Boudreau on how much time would have elapsed for Vienneau and Basque to recognize the Boudreau and Bulger as police. Boudreau estimated it was about two or three seconds before the Cruze "took off."

The Bathurst police chief has recommended the officers be fired. Chiasson has argued that the shooting was the result of the officer's actions and not following policy regarding traffic stops. The arbitration hearing will decide what punishment they may face based on the evidence presented. 

Thirteen witnesses testified during the hearing, which spanned 10 days in Bathurst. 

Lawyers will to offer closing arguments on Dec. 9 at the Labour and Employment Board office in Fredericton. Joël Michaud, a lawyer appointed as arbitrator, will then issue a ruling.