Tag Archives: court

Civil Suit against Killer Cop Michelle Phillips, RCMP, and Federal Government in Killing of Tracy Janvier

Killer cops in Canada rarely face consequences for their actions in Canada. Families of victims are often forced to sue to gain information about the killing of their loved ones or to see police who kill face some process of accountability.

On August 14, 2018, the family of Tracy Janvier (41) launched a civil lawsuit against RCMP Constable Michelle Phillips, the RCMP, and the federal government in the 2016 killing of their loved one. Janvier was run over and killed by Phillips on Alberta Highway 881, about 80 kilometers south of Fort McMurray on August 21, 2016. The suit,  seeking $909,000, claims that Phillips was negligent and speeding, driving recklessly and carelessly when she struck and killed Tracy Janvier. Phillips also struck and injured a 71-year-old man.

Constable Phillips has been charged in the killing. In August 2017 she pleaded not guilty to charges of dangerous driving causing death and dangerous driving causing bodily harm. A preliminary hearing was held in June and a trial has been scheduled for April 2019.

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Killer Cop Patrick Ouellet Found Guilty of Dangerous Driving for Killing Five-Year-Old Nicholas Thorne-Belance

Killer cop Patrick Ouellet has been found guilty of dangerous driving in the death of five-year-old Nicholas Thorne-Belance on Montreal’s South Shore in 2014. The Quebec provincial police (Sûreté du Québec, SQ) officer was in an unmarked police cruiser, tailing a suspect at more than 100 km/h in a 50 km/h zone, when he struck and killed Nicholas Thorne-Belance in Saint-Hubert.

In a ruling issued Thursday, July 19, 2018, in Longueuil, Quebec court Judge Éric Simard concluded there was nothing to justify the speed at which Ouellet was driving and that there were “inherent” risks in that activity.

Wrote Simard in his decision: “His failure to take steps to avoid such risks constitutes a marked departure from the standard of care that a reasonable person in the same situation would follow” (quoted in Turnbull 2018).

Ouellet reached a speed of 134 km/h on Gaétan-Boucher Boulevard in the period before the accident — and 108 km/h at the moment of impact. At the intersection of Gaétan-Boucher and Davis, Ouellet struck a vehicle carrying two children in the backseat. Nicholas Thorne-Belance was critically injured and died in hospital five days later (Turnbull 2018).

Ouellet had tried to claim in trial that the crash was unavoidable. The Crown argued that the driving was “objectively dangerous.”

Incredibly, the Crown had initially decided to not lay charges. That decision was only reversed in 2015 after Justice Minister Stéphanie Vallée ordered an independent review of the case amid growing community outcry. The first inclination of the state is always to protect the state. Community mobilization can affect that.

Sentencing is scheduled for October 22, 2018. Convictions for dangerous driving causing death carry a maximum penalty of 14 years in prison. We will see if a killer cop gets anything near that.

 

Further Reading

Turnbull, Jay. 2018. “Quebec Police Officer Found Guilty of Speeding, Causing Death of 5-Year-Old.” CBC News. July 19. http://www.cbc.ca/news/canada/montreal/quebec-officer-guilty-boys-death-1.4751032


Trial Begins for Killer Cop Patrick Ouellet in Death of 5-Year-Old Nicholas Thorne-Belance

On Monday, June 11, 2018, trial began for killer cop Patrick Ouellet of the provincial police force, the Sûreté du Québec (SQ), in the death of five-year-old Nicholas Thorne-Belance in 2014. Officer Ouellet is charged with one count of dangerous driving causing death in the case. Thorne-Belance was a passenger in his father’s car when it was struck by the unmarked police cruiser driven by Ouellet. Ouellet’s vehicle was traveling at more than 120 km/h in a 50 km/h zone in the Longueuil borough of Saint-Hubert, south of Montreal when he hit the vehicle the five-year-old  was in. The trial is scheduled to last two weeks.


Killer Cop Frédéric Fortier Made Critical Mistakes in Killing of Brandon Maurice: Policing Expert

The Sûreté du Québec (SQ) officer who killed 17-year-old Brandon Maurice has been identified as Constable Frédéric Fortier during the coroner’s inquest into the 2015 killing. An expert in police “use of force” strategies testified at the inquest that the provincial police officer made a number of critical mistakes. A witness to the killing, Chris Houle, who was in the car with Maurice when the teenager was shot has already testified that the shooting “should have been avoided.”

Constable Frédéric Fortier shot the unarmed Maurice at the end of a police chase through Messines, Québec. He and his partner, Constable Dave Constantin, were cleared of criminal wrong doing after an investigation, that was in no way independent and involved Montreal police in 2016.

The inquest has focused on how Fortier approached the car Maurice was driving at the end of a police pursuit. He approached aggressively with his gun drawn and decided to smash the driver’s-side window to open the car door.

Bruno Poulin, an expert with Quebec’s police academy, so not oppositional to police in any way, testified that the encounter should never have ended with that decision. According to Poulin, the officer narrowed his options by approaching the car overly aggressively and expecting he could physically force the driver from the car. A typical thug approach by police who expect they can impose their authority without question and, if necessary, kill to deal with any mess they create.

In Poulin’s words to the inquest: “He put himself in danger” (quoted in 2018). Poulin said it appears that SQ officers need some retraining. We know that training does nothing to change the power police hold in society and the fact that they can kill with impunity as part of the state’s assertion of its monopoly on violence.

In testimony the previous day Fortier acknowledged that he had gotten himself into trouble but said he would not change his decision to shoot.

Brandon Maurice’s family are considering civil action against the police.

 

Further Reading

Pfeffer, Amanda. 2018. “Expert Witness at Coroner’s Inquest Says Officer Who Shot Teen Made Mistakes.” CBC News. April 13. http://www.cbc.ca/news/canada/ottawa/brandon-maurice-death-inquest-1.4617234


Killer Cop BC RCMP Jason Tait Charged with Manslaughter for Shooting Waylon Edey in 2015

On Tuesday, April 3, 2018 a charge of manslaughter was sworn against British Columbia killer cop RCMP Constable Jason Tait for shooting and killing Waylon Edey on January 29, 2015 near Castlegar. Edey was  a father of four from Yahk. The charge is a rare decision against a killer cop in Canada.

The charge comes more than a year after the Independent Investigations Office (IIO) completed its investigation, according to a statement from the BC Prosecution Service. The IIO report was submitted in December of 2016. Said the statement: “The investigation and charge assessment process were protracted due, in part, to the complexities of the evidentiary issues in the case and the requirement for further investigation and analysis.”

Constable Tait was a member of an RCMP traffic unit at the time of the shooting near Castlegar. He shot and killed Waylon Edey during a traffic stop.

Waylon Edey’s mother, Deborah Edey, has filed a lawsuit against British Columbia’s Minister of Public Safety and Canada’s Attorney General as well as the RCMP officer who shot Edey. She is suing on behalf of her grandchildren, who range in age from 22 to 14. The suit claims that Waylon Edey was unarmed at the time he was shot and that the use of deadly force was unwarranted.

Killer cop Jason Tait is scheduled to make his first appearance in provincial court in British Columbia on April 30, 2018.


Shocking Video of Pierre Coriolan’s Killing by Montreal Police Released as Family Sues City

We have written extensively on the lack of proper public reporting of police killings of civilians in Canada, the fact that police control the flow of information and what is released publicly, and the lack of truly independent and autonomous oversight of police in Canada. Not all provinces in Canada have oversight agencies at all to investigate cases of police harm to civilians and those that exist are not truly independent or autonomous. Some, like the Bureau des enquêtes indépendantes (BEI) in Quebec rely on active police force members for investigations.

These facts were put fully, and painfully and violently, on display on Wednesday, February 7, 2018, as the family of Montreal police shooting victim Pierre Coriolan announced that they are suing the City of Montreal over the “brutal and excessive” police intervention in which their loved one was killed by officer on June 27, 2017. The family also released a horrific video  of the police killing taken by a neighbor on a cellphone and passed to the family recently. It shows Coriolan being shot approximately 45 seconds into the police intervention. Lawyers for the Coriolan family suggest that the entire direct encounter lasted about one minute and ten seconds, during which time multiple weapons were used against the victim, including after he had been shot by police and was on the ground.

Pierre, Coriolan, a 58-year-old Black immigrant from Haiti, was shot and killed by in the hallway outside his apartment after police reportedly responded to calls about a man yelling and smashing things inside his apartment on Robillard Avenue near St-André Street, in the city’s gay village.

The killing again raises issues of police violence, poverty, racism, and mental health issues. In addition, there have been concerns about the information provided publicly by police and the BEI regarding the killings of civilians by police.

 

The Video

The four minute cellphone video, recorded by the neighbor, an eyewitness to the killing, shows a chaotic scene in the hallway of the apartment building. Officers apparently use plastic bullets, a taser, and their firearms against Coriolan. He was allegedly holding some object, variously described as a screwdriver or a knife.

The BEI have reported in a statement released at the time of the shooting that police first received 911 calls about Coriolan making noise in his apartment at about 7 PM. The cellphone video begins at 7:30 PM. It is not certain from the video how long officers had been on the scene at that point or what their engagement with Coriolan involved up to that point.

The first five seconds of the video are audio only, without recorded video images. The audio records what is believed to be a gun firing a plastic bullet, followed by the crackling sound of a taser having been fired. Five officers then become visible with weapons drawn. They are crowded into the hallway, their backs to the camera. Other officers off-camera can be heard yelling from around a corner in the hallway.

Pierre Coriolan comes into view eight seconds into the video. He appears to exit his apartment and walk toward the officers. Very soon after he moves from his apartment two or three gunshots are heard, but the image is obscured as the neighbor with the camera ducks somewhat into his apartment. When the camera focuses back on the hallway, an officer is heard yelling, “À terre! (Hit the ground!).”

Coriolan is in view, on his knees, with four officers visible, and still pointing weapons at him. The victim is heard telling the officers, in French, “Pas capable (I can’t).”

At that point, one of the officers is heard, incredibly, asking a colleague in French, “Do you have another shot?” After an unintelligible response, the officer yells, “Take the other shot.”

At that point, two shots ring out. It is not clear what has been fired, plastic bullets or live ammunition.

In response to the gunshots, Pierre Coriolan collapses fully on the ground. Only his legs are visible in the frame. Only then is an officer heard to yell, “Knife.”

A first officer approaches Coriolan and kneeling beside him, appears to search for a weapon, rather than offering any medical care or attention. Shockingly, another officer then approaches Coriolan, extends a telescopic baton, and swings it twice with heavy force toward the victim’s arm. Coriolan is heard to grunt in pain.

Officers lower their weapons, and one is heard speaking into his radio to say, “A man, possibly injured by gunshot.” Clearly they knew he had been hit and injured.

The officers are standing talking to each other calmly. One says, “It’s a screwdriver he had.” Another officer says, “No, it was a knife.” Only then are officers heard saying, “He’s injured. He’s hit.”

Coriolan’s legs can be seen convulsing as one officer says the stricken man is still breathing. Another officer responds saying, “No, he’s not breathing.”

The video ends when an officer demands that witnesses in the hallway get back into their apartments. Pierre Coriolan would be pronounced dead later that evening in hospital.

 

Disturbing Actions Leave Disturbing Questions

Pierre Coriolan’s killing was met with protests and calls for action by community activists and organizers, including Black Lives Matter organizers. Community activists Will Prosper and Maguy Métellus joined the family’s lawyers and Joanne Coriolan, the victim’s niece at the press conference releasing the video and announcing the family lawsuit. The lawsuit was launched by two of Coriolan’s sisters who were not present at the news conference. They are seeking a total of $163,426 in damages.

Prosper, a former RCMP officer, expressed shock and disbelief upon first viewing the video. In his words: “The first question I asked myself is, ‘Why don’t you take the time?’ There’s no rush” (quoted Rukavina in 2018).

Prosper raised the question on everyone’s mind since the killing last year, which is why a man was shot and killed for making noise in his own apartment. As Prosper points out: ”The only thing Pierre was threatening was his own apartment. He was not a threat to anybody else” (quoted in Rukavina 2018).

Prosper was even more stark in his questioning of why a kneeling man was viewed as such a threat. He asks: “What is the threat of a black man kneeling down? It’s a firing squad he’s facing” (quoted in Rukavina 2018).

The only time on the video recording that police even directly speak to Coriolan is when they order him to the ground after he has already been shot. Says Propser: “You see there’s no communication, nothing mentioned to him as he’s kneeling down” (quoted in Rukavina 2018). After the man has been shot and is on the ground police do not even ask after his condition. Instead they hit him with a telescopic baton.

Alain Arsenault, a member of the family’s legal team, said that they have little faith in the BEI investigation and that said a lawsuit is the best available avenue to obtain justice for Coriolan. It may be the only way that the public can find out any meaningful information about the actions of police.

Arsenault said that the decision to release the video was prompted partly by frustration over the slow pace of the investigation and the oversight agency’s refusal to provide updates to the family. These are repeated concerns expressed by family members of people killed by police across Canada.

 

The video can be found here: https://news.google.com/news/video/ow10u5_zod4/dDnbIQ6E5KSZOqMJZ2vQh0aMMunjM?hl=en&gl=US&ned=us

 

Further Reading

Rukavina, Steve. 2018. “Family of Montreal Man Fatally Shot by Police Sues Over “Brutal Intervention.” CBC News. February 7.  http://www.cbc.ca/news/canada/montreal/montreal-video-police-shooting-rcmp-coriolan-1.4523348


Third Trial for Killer York Regional Cop Remo Romano for Killing Natasha “Carla” Abogado

On February 12, 2014, York Regional Detective Remo Romano struck and killed 18-year-old pedestrian Natasha “Carla” Abogado while driving at speeds of 115 km/h in a 60 km/h zone on a busy Toronto street. January 17, 2018, found Romano on trial for the third time for the killing.

His first trial in May 2016 ended in a mistrial when the jury could not reach a verdict. He was acquitted in a second trial later that year but the Ontario Court of Appeal ordered a retrial based on flaw’s in the trial judge’s charge to the jury. Romano is pleading not guilty. At the outset of the current trial, Superior Court Justice Todd Ducharme told the jury not to research the case, including what happened in the previous proceedings.

Detective Romano struck Abogado while she was crossing mid-block to her family’s home on the south side of St. Clair Avenue East, on her way home from a part-time job. Romano was speeding eastward on St. Clair Ave. E., trying to catch up with other police surveillance members of Project Litterbox, a YRP surveillance investigation into a series of non-violent commercial break-ins where around $500,000 in cosmetics and perfumes had been stolen. He was driving an unmarked truck with no sirens or flashing lights. Romano was trying to catch up to the other officers because he had been at the station retrieving another officer’s firearm that had been forgotten in a desk drawer.

According to the opening statement by Crown attorney Rebecca Schwartz, Romano was driving 115 km/hr in a 60 km/hr zone near a seniors’ health centre. Detective William Newton, who travelled in a police vehicle behind Romano, stated that no arrests were imminent as they sped along the busy avenue. He said that Romano was simply “trying to catch up to the action” (Mandel 2018).

Witness Dorota Taylor saw two police vehicles speed past her. In her testimony: “I thought they were racing because of how close they were to each other and the speed that they were going” (quoted in Mandel 2018).

The jury was told that a senior collision reconstructionist from the Special Investigations Unit, the agency that examines cases of police harm to civilians in Ontario, will testify that if Romano had  been doing even 80 km/hr that night (instead of nearly twice the legal limit) he would have been able to avoid hitting Abogado.

We need to remember that killer cop Romano was speeding at twice the legal limit with no lights or sirens to catch up with surveillance team members who were working on a case protecting wealth for private companies, not responding to any immediate threat (and certainly no violent one) to the public. He simply wanted to be part of “the action.” And he killed Natasha Abogado to do so.

 

Further Reading

Mandel, Michele. 2018. “Third Trial for Speeding York Cop in Death of Teen.” Toronto Sun January 17. http://torontosun.com/news/local-news/mandel-third-trial-for-speeding-york-region-cop-accused-of-dangerous-driving-causing-death