The credibility of Dany Villanueva was called into question at the coroner's inquest into the shooting death of his younger brother Tuesday.
In his second day of testimony, Villanueva contradicted the version of events provided by Jean-Loup Lapointe, the officer who shot his brother.
The testimony in question surrounds the events that took place at a Montreal North park on Aug. 9, 2008, when Lapointe shot and killed 18-year-old Fredy Villanueva and wounded two other men.
Lapointe said in a written statement to his superiors in 2008 that he approached Dany Villanueva believing he and another man were members of a street gang.
An altercation ensued and Lapointe wrestled Villanueva to the ground. Lapointe's written statement said he warned the group in the park to back away from him three times before he opened fire.
Villanueva said that while he could see Lapointe's face clearly, he never heard the police officer shout out a warning.
Villanueva also denied punching the officer.
Some of Villanueva's testimony contradicts the written statement he made to provincial police the day after the shooting.
The discrepancies include information such as who arrived when in the park and how well Villanueva knew Jeffrey Sagor Météllus, one of the other men shot.
"They told him, 'Your brother is dead. Make your declaration,' and they're reproaching him today," said Alain Arsenault, the lawyer for Sagor Météllus
Some of Villanueva's testimony contradicts the physical evidence as well. He said no one but his cousin Marta and another man were at Fredy Villanueva's side after he was shot.
However, cellphone video taken by a bystander shows several people, including first responders, surrounded the younger Villanueva in the moments after the shooting. In the same video, Dany Villanueva can be seen being put into a police cruiser within metres of where his brother lay.
In 2008, Quebec's public prosecution office ruled that Lapointe would not face any criminal charges for the shooting and that his use of force was justified.
Judge André Perreault refused to allow some evidence, such as the transcripts from Dany Villanueva's sentencing hearing after he pleaded guilty to armed robbery in 2006.
On his first day of testimony Monday, Villanueva admitted to having been a former member of the Bloods street gang.