Prosecutor Rod Flannigan argued on Tuesday that Nicholas Bellemare should be convicted of first-degree murder for the death of RCMP Const. Rick O'Brien, asserting the killing was deliberate and planned. The closing statement was delivered in B.C. Supreme Court in New Westminster.
Details of the Shooting
Bellemare, 27, is on trial for the murder of O'Brien, 41, on September 22, 2023. O'Brien was shot after officers executed a search warrant at Bellemare's 22nd-floor condo in a high-rise in Coquitlam, targeting a suspected drug stash site. Bellemare also faces attempted murder charges for wounding Const. Colin Ryder during the incident.
Flannigan emphasized that under Canada's Criminal Code, killing a police officer during their duties constitutes first-degree murder. He noted that police witnesses testified to standard procedure: repeated knocking and announcing their presence before using a battering ram to enter. Officers unanimously stated that police did not fire until after Bellemare shot O'Brien, who was in full uniform with "police" emblazoned on his body armour and hat, and armed with a carbine.
Intent and Self-Defense Arguments
Flannigan told Justice Terence Schultes that the primary issue is intent and whether Bellemare acted in self-defense. The defense is expected to argue on Thursday that Bellemare did not know the intruders were police and shot in self-defense. However, Flannigan countered that Bellemare fired 10 times with an automatic weapon, with two or three bullets striking O'Brien in the head from the side, proving intent. "Two shots to his head? He was aiming," Flannigan said. "Clearly, he had to see that he was a police officer. Clearly, he had the specific intent to kill him."
Flannigan also questioned Bellemare's actions: if he was sleeping and unaware of police, why did he not call 911 or warn the intruders? Instead, he retrieved a high-powered firearm from a bedroom closet and began shooting. The prosecutor noted that O'Brien did not fire his weapon, and no cartridges from his gun were found at the scene.
Evidence and Witness Accounts
The prosecution's case includes circumstantial evidence and two witness accounts. Flannigan argued that Bellemare, involved in the drug trade and living in a stash site, should not have been surprised by police presence. The trial continues with defense closing arguments scheduled for Thursday.
