Winnipeg Free Press - ONLINE EDITION

Defence lawyers grill man shot by officer

  • Print

He admits he is no saint. But a career criminal swears he was the innocent victim of two rogue Winnipeg police officers looking to dish out some street justice.

Kristofer Shawn Fournier, 23, took the witness stand today to detail a disturbing 2007 incident which has put the cops on trial.

Const. Darrel Keith Selley, 37, is facing several charges, including attempted murder, fabricating evidence, careless use of a firearm and criminal negligence. Const. Kristopher John Overwater, 31, is charged with dangerous driving, fabricating evidence and "aiding and abetting."

Fournier admitted he was behind the wheel of a stolen Yukon SUV when police began chasing him, believing he may have been involved in a nearby armed robbery of a 7-Eleven store. And Fournier doesn’t dispute driving at excessive speeds through residential neighbourhoods while high on meth while carrying cocaine in his pocket.

But Fournier insists he did nothing more than run away on foot after his vehicle spun out at an intersection. Moments later, he was ducking bullets as somebody yelled "shoot him."

The fourth shot fired in his direction struck him in the buttocks. He escaped without serious injury.

Fournier’s credibility will be a major issue for jurors. Defence lawyers began grilling him in cross-examination late this morning, bringing up his extensive criminal record which includes convictions for auto theft and drug dealing.

Fournier told jurors he’s a changed man today, having obtained a full-time job, moved out of the city and found a steady relationship.

In his opening statement on Monday, prosecutor Robert Tapper warned jurors not to get caught up in the different backgrounds of those involved, saying the evidence is clear some major misconduct took place.

"Law and order and justice is to be dispensed in courtrooms like this. Not the back lanes of residential Winnipeg," said Tapper. He told jurors there is no question the accused tried to kill an unarmed criminal by shooting him in the buttocks, then attempted to cover up their wrongdoing by inventing a bogus story.

Tapper urged jurors not to be swayed by the fact the two accused are police officers, while their victim is someone they might typically look down upon.

"Go where the evidence takes you," said Tapper. He claims the facts will become clear that Selley and Overwater acted "far outside their duties."

Tapper told jurors Monday Overwater was driving and ignored orders from his commanding officers to abort the chase. He alleges Overwater also lied about his speed and road conditions during the pursuit, which will be proven by GPS readings obtained from the cruiser car.

"He did not want to give up the chase," said Tapper.

Fournier ran away -- not wanting to be caught with a stash of drugs -- and was shot despite posing no apparent threat to the officers and having no weapon. Tapper said Selley fired his weapon while running after Fournier. Overwater then allegedly placed his own gun next to the wounded, handcuffed Fournier, telling other officers the suspect had made a grab for it, Tapper said.

"These two gentlemen were acting outside their duties as police officers," said Tapper.

Fact Check

Fact Check

Have you found an error, or know of something we’ve missed in one of our stories?
Please use the form below and let us know.

* Required
  • Please post the headline of the story or the title of the video with the error.

  • Please post exactly what was wrong with the story.

  • Please indicate your source for the correct information.

  • Yes


  • This will only be used to contact you if we have a question about your submission, it will not be used to identify you or be published.

  • Cancel

Having problems with the form?

Contact Us Directly
  • Print

Comments are not accepted on this story because they might prejudice a case before the courts.


Make text: Larger | Smaller


Andrew Ladd talks about his injury

View more like this

Photo Store Gallery

  • MIKE.DEAL@FREEPRESS.MB.CA 110621 - Tuesday, June 21, 2011 -  Doug Chorney, president Keystone Agricultural Producers flight over South Western Manitoba to check on the condition of farming fields. MIKE DEAL / WINNIPEG FREE PRESS
  • BORIS MINKEVICH / WINNIPEG FREE PRESS  070527 The 21st Annual Teddy Bears' Picnic at Assiniboine Park. The Orlan Ukrainian Dancers perform on stage.

View More Gallery Photos


Are you concerned about the number of homicides so far this year?

View Results

Ads by Google