This story contains details some people may find disturbing.
In May 2023, after hearing over his police radio that shots had been fired at a home in Bourget, Ont., now-Sgt. Ionut Mihuta said he drove to the scene as fast as his police cruiser would go.
Mihuta said he “had a feeling something was off” even before he said he had his right foot on the gas, going at the maximum speed.
“I was going fast,” he testified in court Monday.
OPP Sgt. Eric Mueller was shot and killed after arriving at the home in the early morning hours of May 11, 2023. Const. François Gamache-Asselin, and another officer, Const. Marc Lauzon, were injured.
The officers were doing a “wellness check” on the man accused of killing Mueller, Alain Bellefeuille, after a neighbour called 911, saying she heard what she thought was a gunshot.
Bellefeuille has pleaded not guilty to first-degree murder and two counts of attempted murder. His defence team says Bellefeuille believed he was firing at intruders and never intended to kill police.
The Crown argues it was an ambush.
Audio from Mihuta’s body-worn camera was heard in court at Bellefeuille’s trial Monday. The video from it is mostly obstructed due to “hard plates”— additional protection Mihuta put on while responding to the shooting.
It captures the intense moments from Mihuta’s arrival and the eventual arrest of Bellefeuille.
Approaching, Mihuta yells at Bellefeuille to get down.
“You killed a cop you f—ing animal,” he was heard screaming.
“I didn’t t know it was a f—ing cop,” Bellefeuille replied.
Mihuta testified that he saw Bellefeuille pacing back and forth on the porch but couldn’t tell if he was holding a weapon because his hands were behind his back.
Bellefeuille’s lawyer Leo Russomanno asked Mihuta,“He immediately tells you directly, ‘I shot him, it’s me?‘”
“Yes,” Mihuta replied.
By then, Bellefeuille had called police and paramedics had arrived at the scene.
“You don’t see him doing anything to obstruct the paramedics and what they’re doing?” Russomanno put to Mihuta.
“That is correct.”
Mihuta said Bellefeuille initially showed resistance as he was trying to handcuff him.
“I didn’t know if there was someone else behind me. I didn’t know how many shooters were involved,” Mihuta told the court. “I was thinking of all kinds of possibilities of me ending up dead. Shot.”
Audio reveals Mihuta yelled at Bellefeuille to “just f—ing do something so I can shoot you, you f—ing piece of s—t.”
“In the state of shock… my emotions got the best of me,” Mihuta told court.
Bellefeuille can also be heard saying “shoot me brother, shoot me, I don’t want to live anymore.”
Responding to commands from Mihuta, Bellefeuille got down on his knees, then went face down on his stomach with his hands on his head.
Mihuta said Bellefeuille kept talking about his dog that had gotten out and at one point, seemed to move one of his hands away from his head.
Mihuta admitted to striking Bellefeuille more than once. He says it was because Bellefeuille either wasn’t complying with commands or because he was worried about officer safety.
“He just killed one of my friends, another one was missing, he was fumbling… I still perceived him as a threat,” Mihuta said.
The jury was previously shown footage of the shooting from Mueller’s body-worn camera.
It shows that emergency lights on the police cruisers were flashing and sirens were activated. The footage shows the officers going around the property with flashlights. Lauzon is seen knocking at the back door over and over for several seconds and a dog bark can be heard.
The officers didn’t announce they were police until they entered the home with Lauzon saying “Allo Alain, police!” The defence argues police should have done more to identify themselves.
“As far as the wellness check, it’s not simply knocking on the door. It also includes announcing, right, announcing you’re police?” Russomanno put to Mihuta.
“Not if we don’t go in the house.”
Bellefeuille’s trial is set to resume next week.
