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 announce their presence, his lawyer argued Thursday in closing submissions.
Nicholas Bellemare, 27, is on trial for first-degree murder of Const. Rick O'Brien, 41, and attempted murder of Const. Colin Ryder, who was injured during the shootout on Sept. 22, 2023, on the 22nd floor of a highrise condo in central Coquitlam.
Defence argues police did not properly announce themselves
Bellemare's lawyer, Tony Paisana, told Justice Terence Schultes that testimony from lead officer Const. Amber Carlson — that police knocked and yelled "police" before using a battering ram on the door — was unreliable. He argued the circumstantial evidence could reasonably suggest that Carlson or O'Brien shot at Bellemare first.
"Self-defence is supported by several facts," said Paisana, noting Bellemare was isolated and vulnerable, had no motive to kill, had no ill will toward police, had no criminal record, yet had reason to fear a drug rip. The entire shooting lasted only seconds.
Prosecution says Bellemare shot without warning
The Crown has argued that evidence shows Bellemare shot O'Brien without warning and before police fired any shots. Police officers testified they announced themselves before forcing entry and only fired after Bellemare shot first. However, Paisana countered 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 did not hear any 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. Seconds after being awakened, "he was confronted by a group of armed intruders who he did not understand were police."
Evidence suggests Bellemare was shot early in the encounter
Paisana pointed out that Bellemare had firearms and body armour in his bedroom but was arrested wearing only undershorts. "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," or at least there is reasonable doubt, he said. "Mr. Bellemare bears no burden to prove this account. Rather, it is the Crown that must disprove it beyond a reasonable doubt."
Evidence shows that Bellemare was shot "very early in the sequence of events, perhaps even first or simultaneously with his shooting of Const. O'Brien," Paisana said. He cited blood spatter, injuries, and fragments from O'Brien's rifle butt as evidence that O'Brien had shouldered his carbine and was pointing it at Bellemare.
