The lawyers for Nicholas Bellemare, accused of killing Maple Ridge RCMP officer Const. Rick O’Brien, say Bellemare did not know he was shooting at police officers, and feared for his safety.
Bellemare’s legal team outlined their defence during final arguments in the first degree murder case on June 25 in New Westminister Supreme Court.
Defence attorney Tony Paisana attacked the Crown prosecutor’s assertion that officers loudly identified themselves as they entered the drug stash house where Bellemare was living, on the 22nd storey of an apartment building on Glen Drive in Coquitlam on Sept. 22, 2023.
O’Brien was the first officer through the door, and was shot three times in the head by an AR-15 rifle. Bellemare is also charged with the attempted murder of Cpl. Colin Ryder.
Paisana said the first and most important issue is whether the judge finds Crown has proven Bellemare knew the people who rammed open the apartment door were police.
He argued police hadn’t properly announced themselves, that their uniform markings were not visible, and that his client surrendered as soon as he realized they were police officers.
After shooting a police officer, Bellemare might have expected to be met with a fatal response, an officer testified in the trial.
“He trusted the police because, we say, he made a mistake – a tragic mistake,” said Paisana.
Paisana described Bellemare as a 24-year-old (at the time), exploited person, who almost never left the apartment, lived an isolated existence playing video games and smoking pot, and was dependant on others.
He said Bellemare and the apartment’s renter Chris Perry had exchanged texts expressing worry their criminal associates had conducted an audit, and suspected the pair of “shady shit.” Paisana said those situations in the drug world could lead to retaliation. The notorious Surrey Six killings by hitmen in 2007 was an example of that scenario, said Paisana.
A “drug rip” was also a danger. At the stash site police found drugs with a street value of $65,000, as well as $5,000 cash.
“He had reason to fear precisely the kind of intrusion he was confronted with,” Paisana told the court.
Paisana said Bellemare had no motive to shoot at police, no criminal record, and no previous negative interactions with police. His only prior interaction with police had been an investigation that Bellemare had been a victim of sexual abuse at the hands of Perry. Perry had a parent-like relationship with Bellemare, the court heard.
Bellemare had been sleeping when police breached his door, and he grabbed the assault rifle.
Paisana said O’Brien was using a tactical technique to limit his exposure as he moved into the apartment. With his carbine raised to his shoulder in a ready position, he said the first thing Bellemare saw was the weapon, and then the officer’s head.
In O’Brien’s crouched position, with rifle raised, Bellemare would not have been able to see the large “police” writing on the officer’s bulletproof vest, said Paisana.
O’Brien and Bellemare were pointing their rifles in each other’s direction when Bellemare opened fire, the defence asserts.
The first bullet hit O’Brien in the mouth, and another in the side of the head.
“The entire sequence unfolded in seconds,” said Paisana, adding once his client knew he was shooting at police, he dropped his weapon and raised his hands.
“It defies common sense that he would kill one officer and wound another, only to surrender,” said the defence lawyer.
There were still 19 rounds in his rifle.
He said Bellemare was “tragically mistaken,” that his life was in danger, and acted in self defence.
Paisana said there was inconsistency in the testimony of the four surviving officers. One officer testified there were four sets of knocks on the apartment door, and four times they yelled “police.” Two other officers said they announced themselves just once, and another officer testified it was twice.
Five people in neighbouring apartments said they did not hear knocking and yelling as police announced themselves, but did hear the police ram breaching the door, gunshots, and even Bellemare’s voice.
If there was a knock-and-announce, it was much more muted than the team leader described, Paisana argued.
If not found guilty of first-degree murder, Bellemare could still be found guilty of second-degree murder, or manslaughter. Persons charged are considered innocent until found guilty in a court of law.
The court case is scheduled to continue June 26 and 29, after which time the judge will render a verdict.