Const. Patrick Bulger and Const. Mathieu Boudreau were charged in the death of 51-year-old Michel Vienneau, who was shot in his vehicle outside the Bathurst train station on Jan. 12, 2015.
The officers were investigating whether Vienneau and his common-law partner were in possession of illegal drugs after returning from a trip to Montreal.
In February, provincial court Judge Anne Dugas-Horsman ruled that the prosecution failed to produce enough evidence to warrant a trial, and she dropped charges against the officers.
But the province’s Public Prosecutions Services argued the judge failed to consider all of the relevant evidence at the officers’ preliminary hearing.
An RCMP investigation later found that Vienneau was not involved in criminal activity.
In a civil lawsuit, Vienneau’s partner alleges that his death was caused by police negligence.
In a statement of defence, the City of Bathurst said the officers clearly identified themselves to Vienneau while he and his partner were in their car. Vienneau’s vehicle allegedly accelerated, pinning one officer against a snowbank, while the other officer allegedly fired at the car as it moved toward his colleague.
Bulger, 38, and Boudreau, 26, had each faced charges of manslaughter with a weapon, assault with a weapon and unlawfully pointing a firearm.
The New Brunswick Police Commission, which investigates complaints related to police conduct, suspended its own investigation, saying its work wouldn’t proceed until the criminal process had concluded.
The Canadian Press
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