Man sentenced to 4 1/2 years for ramming police while fleeing officers in chase that led to passenger's death

A man who drove a stolen truck across two provinces in a pursuit that ended in one of his passengers being shot dead by officers last year, after the driver rammed the truck into a police vehicle, has been sentenced to four-and-a-half years in prison.

David Frank Burling, 30, was arrested near the community of Springside, Sask., northwest of Yorkton, on June 5, 2024 — hours after he abandoned the stolen truck and fled in another vehicle.

Burling told court during his sentencing this week the pursuit that resulted in the death of his friend, Tristian Mariash, started when Mariash phoned him for help.

"I went to help. I didn't realize the situation until we were already in it. It ended up being the worst day of my life," Burling told Manitoba provincial court Judge Denis Guénette Tuesday in St-Pierre-Jolys.

"Worst day in your life? Worst day in a few other people's lives," the judge replied.

The saga started the night before Burling's arrest near Yorkton, Sask., when RCMP in the community alerted Manitoba police that a stolen Ford F-350 was headed east on the Trans-Canada Highway and its occupants may be armed.

Ford updated police on the location of the truck until it was spotted near the airport in Winnipeg, court heard during Burling's sentencing.

A police helicopter tracked the truck as it headed south on Highway 59. Winnipeg police alerted St-Pierre-Jolys RCMP as the truck driven by Burling entered their jurisdiction, with Mariash and a female passenger inside.

Stop sticks were deployed but unsuccessful in stopping the truck, court heard.

Winnipeg officers in a cruiser car ended up finding the truck near Providence University College in Otterburne, Man., where Burling drove the vehicle into the police car as the officer driving tried to reverse away.

Both officers in the vehicle then opened fire at the truck with their pistols, striking Mariash. Police started to pursue the truck, but were told to stop as other officers were already looking for it.

Meanwhile, Burling continued driving to a gas station in Niverville, Man., where he left his passengers and jumped into a hatchback car that he used to escape the scene with another woman. She would later also be arrested in Saskatchewan.

The female passenger from the truck was quickly apprehended behind the gas station where Burling had abandoned the truck.

Mariash was found wounded in the truck by police. He would later be pronounced dead by emergency medical services in the parking lot where he was left.

Burling pleaded guilty July 15 to assaulting a police officer, fleeing police and driving while prohibited. He received another five-year driving prohibition on top of his prior 10-year driving prohibition.

Burling has a lengthy criminal record that involves multiple driving convictions, including flights from police, court heard.

His defence lawyer, Ryan Amy, told court Burling still has a bullet in his body from being shot by police in 2022, during another police pursuit that saw him ram a police cruiser.

Crown attorney Valerie Hebert told court Burling was sentenced to two years in April for an unrelated assault with a weapon — the weapon being a vehicle.

"It did involve an attempt to hit a pedestrian," said Hebert.

The sentences for the separate convictions will run consecutively, totalling six-and-a-half years, court heard.

Burling's case on the most recent offences was initially set to go to trial, but court heard a plea deal was made after prosecutors could not reach two witnesses key to proving Burling was behind the wheel for the entire time — "or even in the vehicle at various points," Amy said.

"The reason you're getting off with the time that you're getting, as your lawyer suggested, is a technical legal reason," Judge Guenette told Burling. "You could have gotten a lot more time."