RCMP search warrant application shows early findings and theory in Colten Boushie shooting
Search warrant application includes interviews and allegations not tested in court
A search warrant application prepared by the RCMP hours after the fatal shooting of 22-year-old Colten Boushie offers a raw account with multiple viewpoints of what might have happened in Gerald Stanley's farmyard on Aug. 9.
It contains details that give a 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 North Battleford. He will return to court in January for a preliminary hearing.
Boushie was buried on the Red Pheasant First Nation.
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The 18-page document contains police summaries of interviews with the Stanley family, neighbours and three of the four people who were with Boushie in a Ford Escape on the day of the shooting. It concludes with RCMP describing what they believe happened at the shooting.
None of the allegations in the application have been tested in court. RCMP prepared the document to present to a justice of the peace so officers could get permission to gather evidence on the Stanley property.
These "information to 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 are public court documents.
In the preamble, Cpl. Douglas Nordick lays 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 of Glenside for blood of Colten Boushie, the Tokarev semi-automatic handgun and ammunition magazine, spent shell casings and ammunition used to shoot Colten Boushie, a grey 2003 Ford Escape, and the paint samples from a blue 2012 Ford Escape."
A day in the country
The RCMP description of the day begins with five young people spending a Tuesday afternoon in August drinking and going swimming.
Kiora Wuttunee, Colten Boushie, Eric Meechance, Belinda Jackson and Cassidy Wuttunee were all from the Red Pheasant First Nation south of North Battleford. They were travelling in Kiora Wuttunee's grey Ford Escape.
Based on the document, Kiora Wuttunee, Eric Meechance and Belinda Jackson all give varying accounts to RCMP of their degree of intoxication.
Based on the police summary, Kiora Wuttunee said 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 after Boushie had been shot. RCMP said that Meechance said everyone was drinking "but not really drunk" and that everyone was awake.
The Fouhy farmyard
The document says that at 5:22 p.m. the RCMP communications centre took the first of three calls from Stanley's neighbour, Marvin Fouhy.
Fouhy's mother, 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. Glennis Fouhy could 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, Murray Fouhy reported that their truck had been gone through and that, based on the tracks, the SUV had a flat tire.
RCMP later 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. RCMP records show that a call from a man identifying himself as Sheldon Stanley first came to the communication centre at 5:27 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, while Leesa Stanley 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 Ford F250 truck they had in the yard. A male got out of the front passenger seat of the Ford Escape and went into the Ford F250 truck, 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."
Leesa Stanley said that her view of what happened was obscured by the farmhouse, the interview summary says.
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. Gullacher when Const. Gullacher told 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 and Leesa Stanley 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 Leesa saw it on the ground near the vehicle after Boushie was pulled from it.
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.
Kiora Wuttunee said she awoke in the back seat of the vehicle to see Cassidy Wuttunee and Meechance running away, according to the police summary. She didn't know who was driving, or where they were.
"Kiora Wuttunee saw a guy who was taller and wearing sunglasses walk up the driver's side of the grey Ford Escape and shoot [Colten] Boushie in the head once. The guy did not say anything," the document says.
"Belinda Jackson saw [Colten] Boushie on the ground face down with blood on his head," the document says.
Eric Meechance heard 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
Meechance said 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. Meechance said that Cassidy Wuttunee, behind the wheel, tried to back up and escape but hit another SUV in the yard. Meechance and Wuttunee panicked and took off on foot. Boushie managed to get behind the wheel and tried to drive away.
"Eric Meechance heard 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.
Meechance was arrested by a K-9 officer, the document said.
Const. Terry Heroux, an officer with the RCMP forensics section, alleges that, 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.
"Boushie had what appeared to be a gunshot wound to the back of his head behind his left ear," the document says.
"A long-barreled .22-calibre bolt action rifle with a tubular magazine was located a short distance away from [Colten] Boushie's body which was seized. The rifle did not have a stock attached, and appeared to have a live round in the chamber."
The RCMP theory
RCMP allege that the five youths tried to steal property and vehicles first from Marvin Fouhy and then Gerald Stanley, trying first to break into Fouhy's truck 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 struck Leesa Stanley'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] Boushie was in the driver's seat of the grey 2003 Ford Escape and was shot and killed by Gerald Stanley."