Freedom fleeting for ‘brothers’ with long criminal histories One friend dead, the other facing more time behind bars after police chase, fatal shooting, manhunt By: Chris Kitching Posted: 4:18 PM CDT Thursday, Jun. 6, 2024 Last Modified: 7:21 PM CDT Thursday, Jun. 6, 2024 Updates

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Tucked into a booth at a bar somewhere in Manitoba in mid-March, Tristan Mariash and David Burling toasted to good times and being fresh out of jail.

Less than three months later, Mariash is dead after being shot by police in Otterburne and Burling is in custody, following a manhunt across Manitoba and Saskatchewan Wednesday.

Mariash’s family confirmed to the Free Press he was killed in the shooting. The Winnipeg Police Service had said officers fired shots when a stolen pickup truck rammed into their vehicle shortly before 3 a.m.

Mariash’s father and stepfather said Thursday they were not yet prepared to comment.

The civilian police watchdog Independent Investigation Unit of Manitoba, which is investigating the shooting, was in contact with the 30-year-old man’s family.

Family friend Michelle Johnson, who knew Mariash since he was six years old, was shocked when she learned of his death.

“He did get into trouble, but he wasn’t violent. He was a nice kid and a decent human being,” she said.

Johnson spoke to Mariash, who is survived by a young son, about three days before he died. After his release from jail, he discussed a desire to move to B.C., she said.

“He just wanted to have a fresh start,” she said. “He’s 30 years old and he’s dead. It’s so sad.”

Burling remained in custody after being charged with two counts of assaulting a police officer with a weapon, dangerous operation of a motor vehicle and two other offences, Manitoba RCMP said in a news release, while releasing some additional details Thursday.

“There is much more work to do on this investigation,” Supt. Rob Lasson said in the news release.

Six days before he died, Mariash posted a Facebook video of him with Burling — who was driving a vehicle — each giving a middle finger to the camera. “Brothers” is how Mariash captioned the brief clip.

The pair had celebrated getting out of jail in March, when Mariash shared a photo of the men, seated with two women, raising a toast in a bar.

“Drinks with the family feels good to be out,” Mariash wrote in the caption.

Under a separate post a day earlier, an account in Burling’s name wrote: “Ride together, do time together.”

“Don’t get shot in the ass next time,” a friend joked, referring to a June 2022 incident in which Burling, 29, was shot by an RCMP officer.

Mounties said the truck involved in Wednesday’s events was stolen in Cypress River, about 150 kilometres southwest of Winnipeg, on May 22.

Officers in Manitoba were alerted at about 8 p.m. Tuesday, when the truck was spotted near Carlyle, Sask. It was believed the vehicle was headed to Manitoba and a gun was inside, said RCMP.

The eastbound truck was later spotted on Highway 2 and then near Oak Bluff. RCMP detachments and the WPS were notified.

The WPS became involved at about 12:40 a.m. Wednesday, when it was notified a stolen Ford F-350 truck was making its way to Winnipeg.

City police said they were told the vehicle was occupied by several people who were possibly armed and suspected of previous crimes.

After being spotted near Ness Avenue and Linwood Street in St. James about 10 minutes later, the truck was tracked by the WPS helicopter during a nearly one-hour pursuit that left the city and continued on highways and roads south of Winnipeg.

The police-involved shooting happened in a parking lot at Providence University College and Theological Seminary in Otterburne, about 50 kilometres south of Winnipeg.

A police SUV was later seen with 14 bullet holes in its windshield and damage to its front end.

Police said they tracked the truck to a gas station in Niverville — about 15 kilometres north of Otterburne — where the driver — alleged to be Burling — stole another vehicle and drove off.

A 34-year-old female passenger in the truck was arrested and later released without charge, said RCMP.

Mariash, who was found in the abandoned truck, died at the scene.

RCMP said Burling and a 37-year-old woman were in a vehicle when they were arrested near Springside, Sask., some 500 kilometres and 11 hours after the shooting. The woman was released without charge.

Mariash had a lengthy record for property- and driving-related crimes. He was most recently sentenced last June to three years for a pair of firearm offences.

Court heard Mariash was the lone passenger in a taxi in March 2022, when the WPS pulled the vehicle over on Nassau Street to arrest him on a warrant.

Mariash threw a .22-calibre revolver out the rear passenger window before attempting to flee. Mariash resisted arrest and kicked at officers, managing to run away before being subdued by a police dog, court heard.

Mariash pleaded guilty to possessing a firearm while prohibited and possession of a prohibited weapon.

Lawyers for the Crown and defence jointly recommended a three-year sentence, minus the equivalent of nearly 2 1/2 years time served.

Court heard Mariash lived with an intellectual disability and for several years was the sole caregiver for his terminally ill mother until her death in 2014, when he was 19.

Mariash started using drugs “to deal with the grief of that loss,” defence lawyer Tara Walker told the hearing.

“I took it hard when my mom passed away,” Mariash told court.

In May 2021, he was sentenced to just over 21 months in custody and prohibited from driving for six years after fleeing police in a stolen car.

“Mr. Mariash is wanting to get out of the system,” Walker told provincial court Judge Robert Heinrichs at his sentencing hearing last year. “He’s at that age where he doesn’t want to keep coming back.”

Walker said Mariash had reconnected with his father and planned to work with him upon his release from custody.

“He recognizes that this is kind of a turning point for him,” Walker said. “It’s either move on and get yourself straight and address the underlying issues, or it’s going to be life on the instalment plan.”

Burling’s lengthy criminal record includes multiple convictions for auto theft-related offences and fleeing police. He is banned for life from holding a driver’s licence in Manitoba.

He had a police bullet lodged in his lower back when he was released from jail in March. He was shot by an RCMP officer east of Portage la Prairie in June 2022.

In that incident, Burling was driving a pickup truck that was pulling two stolen ATVs on a trailer.

RCMP said Burling rammed a constable’s vehicle on the Trans-Canada Highway and then swerved at the officer, who had exited his cruiser.

Burling denied doing so, when he was sentenced to 2 1/2 years in prison in January. With time served, he was given an additional 72 days. He was also handed a five-year driving ban.

He pleaded guilty to two counts of motor vehicle theft, flight from police and dangerous driving. Other charges, including attempted murder and assaulting a police officer, were stayed.

— With files from Dean Pritchard and Erik Pindera

chris.kitching@freepress.mb.ca