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No appeal in fatal police shooting of New Brunswick store owner

Const. Patrick Bulger, left, walks into the courthouse in Bathurst, NB. on Friday, February 24, 2017.
Const. Patrick Bulger, left, walks into the courthouse in Bathurst, NB. on Friday, February 24, 2017. Kevin Bissett/The Canadian Press

New Brunswick prosecutors say they won’t attempt to revive manslaughter charges against two constables in the police shooting of a businessman.

In a statement released today, Public Prosecution Services says its decision was made in light of two previous court decisions and after a reassessment of the threshold for prosecution.

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Const. Patrick Bulger and Const. Mathieu Boudreau had been charged in the death of Michel Vienneau, a 51-year-old store owner who was shot in his vehicle outside the Bathurst train station on Jan. 12, 2015.

The officers had each faced charges of manslaughter with a weapon, assault with a weapon and unlawfully pointing a firearm.

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The charges were dropped in February after provincial court Judge Anne Dugas-Horsman ruled that the prosecution failed to produce enough evidence at a preliminary hearing to warrant a trial.

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Prosecutors then sought a judicial review, and last month Court of Queens Bench Judge Tracey DeWare ruled the lower court judge made the correct decision.

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