RCMP search warrant application shows early findings and theory in Colten Boushie shooting - Action News
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RCMP search warrant application shows early findings and theory in Colten Boushie shooting

An RCMP search warrant application offers details about what investigators believe happened on Gerald Stanley's farm the day Colten Boushie died.

Search warrant application includes interviews and allegations not tested in court

Colten Boushie was killed on a farm near Biggar, Sask. in August. (Facebook)

A search warrant application prepared by theRCMPhours after the fatal shooting of 22-year-oldColtenBoushieoffers a raw account with multiple viewpoints of what might have happened in Gerald Stanley's farmyard onAug. 9.

It containsdetails that givea perspective on a case that has ignited racial tensions in rural Saskatchewan.

Stanley was arrested and charged with second-degree murder. He pleaded not guilty and was released on bail after a hearing in NorthBattleford.He will return to court in January for a preliminary hearing.

Boushiewas buried on the Red Pheasant First Nation.

The 18-page document contains police summaries of interviews with the Stanley family, neighbours and three of the four people who were with Boushiein a Ford Escape on the day of the shooting.It concludes withRCMPdescribingwhat they believe happened atthe shooting.

None of the allegations in the application have been tested in court. RCMPprepared the document to present to a justice of the peace so officers could get permission to gather evidence on the Stanley property.

Gerald Stanley arrives at court for his bail hearing. (CBC)

These "informationto obtain" applications are often sealed by the court at the request of investigators. They contain unproven allegations and often conflicting accounts.When they are not sealed, they arepublic court documents.

In the preamble, Cpl. DouglasNordicklays out exactly what the investigators hope to find.

"This is an application for a warrant to search Gerald Stanley's property in the Rural Municipality ofGlensidefor blood ofColtenBoushie, theTokarevsemi-automatichandgun and ammunition magazine, spent shell casings and ammunition used to shootColtenBoushie, a grey 2003 Ford Escape, and the paint samples from a blue 2012 Ford Escape."

A day in the country

TheRCMPdescription of the day begins with five young people spending aTuesdayafternoon in August drinking and going swimming.

KioraWuttunee,ColtenBoushie, EricMeechance,BelindaJackson andCassidyWuttuneewere all from the Red Pheasant First Nation south of NorthBattleford. They were travelling inKioraWuttunee'sgrey Ford Escape.

Based on the document, Kiora Wuttunee, Eric Meechance and Belinda Jackson all give varying accounts to RCMP of their degree of intoxication.

Basedon the police summary,KioraWuttuneesaid she had been drinking for a week and was not able to remember many details. Jackson does not remember leaving the river where they were swimming and only awoke afterBoushiehad been shot.RCMPsaid thatMeechancesaid everyone was drinking "but not really drunk" and that everyone was awake.

The Fouhy farmyard

The document says that at5:22 p.m.theRCMPcommunications centre took the first of three calls from Stanley's neighbour,MarvinFouhy.

Fouhy'smother,Glennis, first reported that a black SUV with a dragging muffler had come into their yard, according to the police summary.

"An Aboriginal male got out of the SUV and went through the glove box and console in her car and then took off to another part of her yard.GlennisFouhycould hear banging coming from the area and then saw the SUV drive off," the document said.

It goes on to say that in the followup calls, MurrayFouhyreported that their truck had been gone through and that, based on the tracks, the SUV had a flat tire.

RCMPlater recovered a broken rifle stock from near the truck.

At the Stanley farm

The most detailed account of what police believe happened in the Stanley farmyard comes from their summary of the interview with Stanley's son, Sheldon.RCMPrecords show that a call from a man identifyinghimself as Sheldon Stanley first came to the communication centre at5:27 p.m.

Sheldon Stanley saw Gerald Stanley was standing at the Ford Escape's driver's side window when he heard the third gunshot.- Police summary in search warrant application

Based on the police document, Sheldon and Gerald Stanley were working on a fence, whileLeesaStanley was cutting the grass. Sheldon heard a vehicle drive onto the property that sounded like it had no muffler.

"The Ford Escape, which had a flat front passenger tire and smashed rear window, slowed down near a FordF250truck they had in the yard. A male got out of the front passenger seat of the Ford Escape and went into the FordF250truck, got out and returned to the Ford Escape," the document says.

"Sheldon Stanley heard their quad start up near the shop so he and Gerald Stanley yelled at the male."

According to the interview summary, the Escape began to drive off and swerve at them. Sheldon said he hit the front windshield with a framing hammer while Gerald kicked the tail lights.

It goes on to say that Sheldon went into the house to get the truck keys and said he heard two gunshots. As he left the house he heard a third shot.

"Sheldon Stanley saw Gerald Stanley was standing at the Ford Escape's driver's side window when he heard the third gunshot," the document says. "Gerald Stanley told Sheldon Stanley that he did not know what happened, that the gun just went off, and he was trying to scare them."

LeesaStanley said that her view of what happened was obscured by the farmhouse, the interview summary says.

RCMP officers stand outside the Court of Queen's Bench in Battleford, Sask., where Gerald Stanley's bail hearing held. (CBC)

Gerald Stanley's interview

In the document, the police summarized that Gerald Stanley said that he and Sheldon both went running toward the SUV when it pulled into the yard, and that he kicked the rear of the vehicle as it backed up. Then he went into his shop to get a handgun and load it.

"Gerald Stanley left the shop and walked towards the grey Ford Escape, he shot two rounds into the air as an attempt to scare the individuals away," the document says.

"Gerald Stanley agreed with Const.Gullacherwhen Const.Gullachertold him that Gerald Stanley went up to the driver's side window and shot the male driver once in the head and killed him," the document said.

According to police, both Sheldon andLeesaStanley said they saw a gun in or near the SUV. Sheldon said he saw the barrel of a gun without a stock on the driver's side floor, and Leesasaw it on the ground near the vehicle afterBoushiewas pulled from it.

Colten Boushie, 22, was killed on a farmyard near Biggar, Sask. (Colten Boushie's Facebook page)

Police summary of the story from inside the SUV

Boushie had arrived at the Stanley farmyard in the SUV with four others:Kiora Wuttunee, Cassidy Wuttunee, Eric Meechance and Belinda Jackson.

KioraWuttuneesaid she awoke in the back seat of the vehicleto seeCassidyWuttuneeand Meechancerunning away, according to the police summary. She didn't know who was driving, or where they were.

"KioraWuttuneesaw a guy who was taller and wearing sunglasses walk up the driver's side of the grey Ford Escape and shoot [Colten]Boushiein the head once. The guy did not say anything," the document says.

"BelindaJackson saw [Colten]Boushieon the ground face down with blood on his head," the document says.

'EricMeechanceheard two gunshots which he believed were fired at him as he could hear the bullets buzzing by him, and then he heard a third shot.'- Police summary in search warrant application

Meechancesaid the Escape had a flat tire and he didn't know why they had pulled into the Stanley yard, according to the police summary.

It goes on to say that he said "the white guys came yelling at them." One smashed the windshield with a hammer.Meechancesaid thatCassidyWuttunee, behind the wheel, tried to back up and escape but hit another SUV in the yard.MeechanceandWuttuneepanicked and took off on foot.Boushiemanaged to get behind the wheel and tried to drive away.

"EricMeechanceheard two gunshots which he believed were fired at him as he could hear the bullets buzzing by him, and then he heard a third shot," the document says.

Meechancewas arrested by a K-9 officer, the document said.

RCMP forensics

Const. TerryHeroux,an officer with theRCMPforensics section, allegesthat, based on tire impressions in the Stanley yard, it appears the Ford Escape had driven to the barn or shop where the quad was stored, backed up and turned around and went toward the house and then hit the Stanleys' SUV.

"Boushiehad what appeared to be a gunshot wound to the back of his head behind his left ear," the document says.

"A long-barreled .22-calibrebolt action rifle with a tubular magazine was located a short distance away from [Colten]Boushie'sbody which was seized. The rifle did not have a stock attached, and appeared to have a live round in the chamber."

The RCMP theory

RCMPallegethat the five youths tried to steal property and vehicles first fromMarvinFouhyand then Gerald Stanley, trying first to break intoFouhy'struck using the stock of the .22 rifle and that the stock broke off and was left behind.

"I believe that the group then went to Gerald Stanley's property and were interrupted by Gerald and his son Sheldon Stanley. The group attempted to flee and struckLeesaStanley's blue Ford Escape damaging it, as well as disabling the grey 2003 Ford Escape," the document says.

"I believe that during this incident, [Colten]Boushiewas in the driver's seat of the grey 2003 Ford Escape and was shot and killed by Gerald Stanley."

Colten Boushie's family have been relentless in their call for justice after he was shot and killed on a Saskatchewan farm near Biggar.