Death of Fredy Villanueva

Death of Fredy Villanueva
Time 7:00 p.m.
Date August 9, 2008 (2008-08-09)
Location Parc Henri-Bourassa, Montréal-Nord, Quebec, Canada
Participants Constable Jean-Loup Lapointe (shooter)
Deaths Fredy Villanueva
Non-fatal injuries Jeffrey Sagor Météllus, Denis Méas
Charges None filed

The shooting of Fredy Alberto Villanueva occurred on August 9, 2008, in Montreal, Quebec, Canada. Villanueva, a Honduran immigrant, was shot and killed by a Montreal Police officer in the parking lot of Montreal North's Henri-Bourassa Arena, near Rolland Boulevard and Pascal Street, just after 7:00 p.m.[1] Two other men were injured in the shooting. No criminal charges were filed against the officers involved. Villanueva's death lead to protests in Montreal.

Backgrounds

Fredy Alberto Villanueva was born on April 6, 1990[2] in Honduras, and was eighteen years old at the time of his death. He was a Montreal resident. Fredy Villanueva arrived in Quebec with his older brother, Dany, and his three sisters, Patricia, Wendy and Lilian, on December 5, 1998. They joined their parents and Gilberto Villanueva Madrid and Lilian who had been in Canada for refugee status after leaving the Honduras in a context where the father has survived two attempted murders related to land conflict.

Fredy Villanueva had no criminal record. According to M e Pierre-Yves Boisvert, SPVM counsel to the inquest, Fredy Villanueva was not identified as a street gang member.

Dany Villanueva was arrested on several occasions since 2005, mostly for petty theft. In April 2006 he was sentenced to serve a sentence of eleven months in prison after pleading guilty to a charge of robbery. Dany Villanueva was then 19 years old and this was his first conviction. According to the complainant's version, Dany Villanueva stole his neck chain without using violence at Henri-Bourassa Park in September 14, 2005. He also pleaded guilty to a charge of being found in a car in the presence of a firearm while he was in the company of four individuals wearing red scarves.

Incident

Villanueva, his brother, Dany, and three other men were playing an illegal game of dice in a parking lot when Constable Jean-Loup Lapointe and Constable Stéphanie Pilotte approached them, as their game of dice was contrary to a municipal bylaw.[3] The reason for the police action was the fact that gambling with money is prohibited in Montreal North park under Article 12 e) of the Regulations parks, pools and public buildings. The constables identified some of those present as local gang members, including a known member of the Bloods street gang named Jeffrey Sagor Météllus, as well as another man who Lapointe also recognized as a street-gang member.[3] Lapointe stopped his car and called the men over; all of them complied with his order with the exception of Dany Villanueva, who instead began walking away.[3] At that point Lapointe exited his cruiser and ordered the man to identify himself.[3] Dany refused and Lapointe then tried to take him into custody, concerned that might be armed.[3] Lapointe said some of the men shouted out in protest and began to form a line behind the officers. He said he felt "surrounded and confined against his car." Lapointe said Villanueva fought back, forcing the officer to push him to the ground. Pilotte was subsequently kicked several times and Lapointe was punched in the face.[3] Lapointe then noticed the other four men moving in on him; two of them appeared to be reaching toward his neck and his belt, where his holstered gun was located. One of the men grabbed Lapointe's neck and he realized that his partner "was not in a position to come to (his) defence... and (he) was not physically capable of overcoming these men."[3] The men were ordered to back up but refused, and Lapointe said that he "saw no other alternative than to fire immediately."[3] Lapointe said his concern about the threat of being disarmed by the men was so great that he shot his gun "three or four times," before he was able to remove it from its holster. One gunshot struck and killed Fredy Villanueva.[4] Jeffrey Sagor Météllus and another man, Denis Méas, were also struck and injured.[3] Only approximately 60 seconds had passed from the time the officers exited their vehicle to the time the shots were fired.[5]

Fredy Villanueva was seriously injured. Two bullets hit his internal organs, perforating the stomach and causing lacerations to the inferior vena cava, liver left lobe and pancreas. He was pronounced dead in the operating room at the Hospital of the Sacred Heart at 21:45.

At 10:00 PM, the SPVM issued a press release in which it said that: "Around 7:10 p.m., police patrolling the Montreal North sector have made an intervention in Henri-Bourassa Park at the intersection of Pascal and Rolland streets. During the intervention, while trying to arrest a suspect at the scene, police have been encircled by several individuals. At one point, a group of movement was launched and many people rushed to the police and assaulted. One of these officers would then fired towards the suspects, hitting three of them

Pilotte had graduated from the province’s police academy 18 months before the shooting.[3]

Coroner's inquest

On December 1, 2008, the Director of Criminal and Penal Prosecutions (DCPP), Louis Dionne, held a press conference in the company of the Minister of Justice and Public Security, Jacques Dupuis, and Mayor Gérald Tremblay. Me Dionne announced that no charges were brought against the officers Lapointe and Pilotte. The Crown prosecutor François Brière particularly cited several excerpts of the report of officer Lapointe to explain how the DCPP had reached this conclusion.

For his part, Minister Dupuis announced the holding of a public inquiry chaired by Judge of the Court of Québec Robert Sansfaçon coroner appointed for the occasion. Minister Dupuis said the inquest was designed to "reassure the population about the merits of the decision that was taken by the Crown prosecutor."

The decision not to charge against the police was greeted with disappointment by the Villanueva family. "We wanted to have confidence in the judicial process, but now we do not know what to think," said Patricia Villanueva. "I am shocked, shocked, but not surprised. There is a justice for police officers and for citizens. It was the trial of Villanueva, not the police, "denounced Will Prosper, Montreal North Republik spokesman.

For his part, the president of the FPPM Yves Francoeur, has responded positively to the decision of the DCPP. "The police will keep a high level of confidence in the justice system," he said. Francoeur also welcomed the decision to hold an inquest. The movement "Solidarity Montreal North" also reacted positively, distributing to the media a statement supporting the holding of the inquest, and even before the end Press conference of DCPP.

Outcome

Beginning as a peaceful protest against the officers' actions, riot police were dispatched after bonfires were set in the streets of Montreal North on August 10 in retaliation to the event.[1] This protest would escalate to looting and car torching.[6] Ultimately, one paramedic and two police officers were wounded and one female police officer shot.[7] 71 would be arrested.[8]

The death of Villanueva inspired the International Day Against Police Brutality, organized by Collective Opposed to Police Brutality, to gain greater traction.

The death of Villanueva caused the Quebec government to reform how police shootings are investigated in the province.[9]

The Canada Border Services Agency attempted to deport Dany Villanueva.[8]

A judge ended a seven-year civil suit involving the families of Villanueva and the other two injured. Quebec Superior Court Judge William Fraiberg ruled that the families’ lawyers failed too often to meet deadlines, which caused unjustified delays.[10]

References

  1. 1 2 Maughan, Christopher (2011-06-17). "Aug. 2008: Family mourns Fredy Villanueva". Montrealgazette.com. Retrieved 2013-08-04.
  2. ↑ "Vigil for the birthday of Fredy Villanueva | Coop média de Montréal". Montreal.mediacoop.ca. 2013-04-06. Retrieved 2013-08-04.
  3. 1 2 3 4 5 6 7 8 9 10 "Officer who shot Villanueva feared for life - Montreal - CBC News". Cbc.ca. 2010-05-04. Retrieved 2013-08-04.
  4. ↑ Jun 26, 2013 3:09 PM ET (2013-06-26). "Coroner's inquest into Villanueva police shooting resumes - Montreal - CBC News". Cbc.ca. Retrieved 2013-08-04.
  5. ↑ "Pepper spray not considered: Pilotte - Montreal - CBC News". Cbc.ca. 2009-12-10. Retrieved 2013-08-04.
  6. ↑ "Police racism reports tabled at Villanueva probe - Montreal - CBC News". Cbc.ca. 2010-09-30. Retrieved 2013-08-04.
  7. ↑ Gazette, Montreal (2008-08-11). "Family of Montreal teen shot by police upset about riots". Canada.com. Retrieved 2013-08-04.
  8. 1 2 "Freddy Villanueva timeline - The Gazette". Montrealgazette.com. Retrieved 2013-08-04.
  9. ↑ Aug 7, 2011 3:24 PM ET (2011-08-07). "March marks 3 years since Fredy Villanueva's death - Montreal - CBC News". Cbc.ca. Retrieved 2013-08-04.
  10. ↑ http://montrealgazette.com/news/court-dismisses-villanueva-familys-suit-against-city-after-unjustifiable-delays
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