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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. 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.

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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.

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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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