Different treatment for officers who shot Villanueva

The two Montreal police officers involved in the shooting of Fredy Villanueva were treated differently than other witnesses to the incident, and were never interrogated, the provincial police detective responsible for the investigation told a coroner’s inquest Monday.

Sgt.-Det. Bruno Duchesne testified that when he arrived on the scene three-and-a-half hours after the shooting, the 18-year old had already died on the operating table.

Denis Meas and Jeffrey Sagor Metellus, who were also shot by the officers, had been taken to hospital, and three other witnesses, including Villanueva’s brother Danny, had been whisked away by Montreal police, Duchesne said.

The witnesses were taken away in separate cars to ensure they couldn’t communicate with each other and potentially contaminate the evidence, Duchesne said.

But officers Stéphanie Pilotte and Jean-Loup Lapointe were allowed to drive back to their Montreal North police station together, before being taken to hospital for a checkup, Duchesne said.

Had he arrived on the scene earlier, Duchesne acknowledged that he might have made efforts to separate the officers, but said that he had no concerns they might share information, saying he believed in the honesty of police officers.

'We want to push the issue that this kind of event will never occur again' —Peter Georges-Louis, Villanueva family lawyer

Duchesne also defended his decision not to interrogate the officers.

By law, officers Pilotte and Lapointe were obliged to provide a written report to their superiors.

If he'd stepped in to demand they be questioned, Duchesne said, he would have had to read them their rights — a move that he said could have gotten in the way of the investigation in the long run.

Pilotte was exonerated by other witnesses, and her report presented Aug. 15, 2008 — a week after the shooting — matched their description of events, Duchesne said.

It took Lapointe one full month after the incident to file his incident report, Duchesne said, adding that Lapointe exercised his right not to speak with police.

Contradictory version of events

Duchesne was also questioned by the lawyer Metellus about media reports following the shooting citing unnamed sources that indicated Pilotte and Lapointe had acted in self-defence by shooting Villanueva.

The reports indicated the officers had reacted strongly because one of the officers had been thrown to the ground and was being strangled.

Duchesne said he couldn’t say for certain who was the source of the reports, but confirmed Montreal police officers who briefed him had told him a similar version of events.

But by the morning after the shooting, Duchesne said witness testimony contradicted that story.

Duchesne said his investigators had spoken to all but one witness — and the only thing they agreed on was that Villanueva had touched one of the officers.

Duchesne said he wasn’t bothered by the inconsistencies between the version of facts reported by the witnesses and Montreal police.

He was also unable to explain why a report filed 10 days after the shooting still contained that early version of events, even though he seemed to have no evidence to support it.

Inquest resumes

Duchesne’s testimony was heard as the inquest into the shooting death of the teen in Montreal North resumed under the watch of a new judge.

The inquest was postponed twice this year, first in May, when key witnesses refused to testify after a dispute over legal fees, and again in September, when Quebec Judge Robert Sansfaçon stepped down for health reasons. 

Now Quebec court Judge André Perreault is presiding over the inquiry into Villanueva's shooting death in August 2008, an event that ignited long-simmering tension between residents and police.

Perreault, who once served as the province's chief prosecutor, also served on the Poitras commission, which looked into provincial police behaviour.

Members of Villanueva's family have high hopes for the inquiry, said a lawyer representing them.

"We want to push the issue that this kind of event will never occur again," Peter Georges-Louis said.

Villanueva's parents have standing at the inquest and want to get a point across about "racial profiling, of the intervention between police officers and youth," Georges-Louis said. "Because we are really concerned about that."

Between 50 and 60 witnesses will be heard over 34 days of hearings, scheduled between now and May 2010. There may be delays because of the availability of witnesses and lawyers.