Michel Vienneau 'purposely' hit officer before shooting, RCMP report concluded

An RCMP investigation into the fatal shooting of Michel Vienneau in 2015 concluded a Bathurst police officer was justified in shooting the man to save the life of the officer's partner.

Bathurst Police Force's chief has recommended constables Mathieu Boudreau and Patrick Bulger be fired over their conduct around the shooting. 

Boudreau and Bulger were among several officers waiting at the Via Rail train station for Vienneau based on two false Crime Stoppers tips that he was trafficking drugs back from Montreal. Boudreau and Bulger attempted to intercept Vienneau as he started to drive away from the station.

Larry Wilson led the Nova Scotia RCMP's investigation of the Jan. 12, 2015, shooting and prepared a report with its findings. Key findings were read by a lawyer for one of the officers during a discipline hearing in Bathurst on Tuesday as the author of the report testified. 

The 21 key findings include that Bulger fired once at the car's rear tire to try to stop it, that Vienneau "purposely" struck Bulger with his car, and Boudreau shot four times to stop an imminent and ongoing threat to his partner's life. 

"Pretty big finding, I would say," lawyer T.J. Burke said while cross-examining Wilson about his findings.

"Yes," Wilson said. 

Another finding says Vienneau "may" not have known Bulger and Boudreau were police officers. They dressed in plain clothes with only badges hanging from their necks. Several witnesses have testified this is not unusual for undercover officers. Wilson also said that flashing blue and red lights in the car driven by the officers weren't working.

Wilson said the report used "may" because the investigators can't know for certain. 

Annick Basque, Vienneau's fiancée who was with the 51-year-old Tracadie man when the shooting occurred, testified last week she saw two men appearing to argue in a car next to theirs in the parking lot.

When Vienneau started to drive, the other car moved to block them. She testified the passenger got out, fell and then stood up and was holding a gun. She said Vienneau tried to move around them and then shots were fired. 

There was also paint transfer between Vienneau's white Chevrolet Cruze and the unmarked police car driven by the two officers. The report also concluded that police, after thorough investigation, found no evidence that Vienneau had criminal history or ties. 

An appendix to the report examining the use of force concludes that Mathieu Boudreau shot Michel Vienneau to save Patrick Bulger's life and that his actions were justified under the circumstances.

CBC News requested a copy of the report, which has not been publicly released before. Lawyers for the officers opposed disclosure, saying it could influence future witnesses. The arbitrator agreed but said it may be released once evidence is completed. 

The now-retired officer testified up to 28 officers were involved in the investigation. His report was prepared to examine whether the shooting was justified and if there were grounds for criminal code charges against the officers. 

Manslaughter charges were laid against Boudreau and Bulger based on the RCMP investigation, however a judge ruled there wasn't enough evidence of criminal intent to proceed to trial following a preliminary hearing. 

Lawyers for the officers have suggested at multiple times through the hearing that Vienneau hit and ran over Bulger.

Several witnesses have described seeing Bulger fall near the front of Vienneau's car, looking like he was trying to get away from it, and after the shooting limping around the scene. 

Miramichi Police Force Const. Larry Matchett, the second witness to testify Tuesday, was also among the Northeast Integrated Intelligence Unit officers at the train station to investigate the Crime Stoppers tips. 

He heard Bulger on a police radio give the order to "block" the car. He saw their unmarked police vehicle car stop "face to face" with Vienneau's car. Bulger and Boudreau then got out. 

Matchett said Bulger was about 15 feet, or about 4½ metres, in front of the car when it accelerated. 

"I saw Const. Bulger backing up, trying to get out of the way," Matchett said. Midway across the roadway, Bulger slipped and fell before getting up and continuing to back up. The car then hit a snowbank. 

"As it did, Const. Bulger was pushing himself off the front passenger side of the car," Matchett said.

On Monday, two officers who were part of the surveillance operation testified that it was hastily organized after the members of the Northeast Integrated Intelligence Unit were alerted to the tips. The unit, before it was disbanded, brought together six officers from several area police forces.

The tips came in after the Via Rail train Vienneau was on was scheduled to arrive in Bathurst, but the train was late and officers rapidly set up around the station parking lot. 

Last week, the unit's supervisor testified that usually the team gathered intelligence that was used to build a file that partner-police agencies would act upon.  

The appointed arbitrator, Joël Michaud, will decide what discipline the officers may face based on the evidence presented at the hearing. 

Up to 17 witnesses were expected to testify during the arbitration hearing which began Oct. 16 and was scheduled to wrap up Oct. 25.

However, testimony is taking longer than expected and the possibility of continuing the hearing into next week has been raised.