Self-defence claim dominates final arguments in RCMP officer killing trial

The man accused of killing an RCMP officer during a Coquitlam drug raid should be found not guilty because he believed he was acting in self-defence against intruders who failed to properly announce themselves, his lawyer argued Thursday.

Nicholas Bellemare, 27, is on trial for the first-degree murder of Const. Rick O'Brien, 41, and attempted murder of Const. Colin Ryder, who was injured during a shootout at 10 a.m. on September 22, 2023, on the 22nd floor of a highrise condo in central Coquitlam.

The prosecution has argued that Bellemare shot O'Brien without warning and that police officers announced themselves before forcing their way in. Officers testified they knocked and yelled "police" before using a battering ram on the door and only fired after Bellemare shot first.

But Bellemare's lawyer, Tony Paisana, argued that testimony from lead officer Const. Amber Carlson — that police knocked, yelled police, and used a battering ram — was unreliable. He told Justice Terence Schultes that the circumstantial evidence could reasonably support the conclusion that either Carlson or O'Brien shot at Bellemare first.

Paisana argued that Bellemare was sleeping and may have been wearing headphones from a late-night gaming session when he was jolted awake by loud noises, making it likely he didn't hear a police warning. "He was a 24-year-old, isolated, exploited, dependent person, surrounded by forces he did not control," Paisana said, referring to Bellemare's role protecting a drug-stash house.

Paisana also pointed out that the entire shooting lasted seconds, that Bellemare had no motive to kill, no ill will toward police, and no police record. He noted that Bellemare was arrested wearing only undershorts, despite having firearms and body armour in his bedroom.

"If Mr. Bellemare believed he was met by an armed intruder pointing an assault rifle at him, no one would hesitate to conclude that he acted in self-defence," Paisana said, emphasizing that the Crown must disprove self-defence beyond a reasonable doubt, not the other way around.

Blood spatter, injuries, and fragments from O'Brien's rifle butt suggest O'Brien had shouldered his carbine and was pointing it at Bellemare, Paisana argued. At that moment, Bellemare would have been focused on the rifle, not the word "police" written on uniforms or hats. Paisana questioned Carlson's credibility, saying her testimony was inconsistent with accounts from other officers and neighbours, none of whom testified they heard police yelling before entry.

The defence continues its closing arguments Friday.