Bourque faces 1st degree murder
While the suspect in the deadly shootings is in police custody — the community can breathe a little easier. But there is a long road ahead for families of the victims — and the rest of the tight-knit community. Police will keep investigating — and prosecutors will now begin the lengthy process of developing a case against Justin Bourque.After 30 hours of terror, north Moncton residents on lockdown were finally free to leave their homes as the accused – Justin Bourque – was lead away by police.Witnesses who were trapped in their homes captured video as events unfolded. Media spread photos of the accused carrying firearms. Criminal Lawyer Geoffrey Read — who is not privy to details of the investigation — says when this goes to trial, there will likely be an abundance of evidence: “What happened may not be so much the question, as why did it happen. In other words we move from a question of was there a wrongful act and can it be proven to the question of with what intention.”While the mental state of the accused is always an issue. Read says it’s most likely going to be one of the most critical aspects of this case: “Certainly the question will be there on everybody’s minds. The defence team will obviously want to think about it and probably make inquiries.”Bourque’s public Facebook account paints a picture of a gun fanatic. Some posts criticize police. Read says an accused’s prior statements can be used as evidence if they are relevant to the case, but it’s not necessarily decisive.Geoffrey said: “You could conceive of situations where a person might make hostile remarks on Facebook but it could be a reflection of a disordered state of mind.”State of mind can play a key role during a trial. In 2011, driving a stolen plow, Richard Kachkar struck and killed Toronto police Sergeant Ryan Russell. Three psychiatrists diagnosed Kachkar as psychotic and he was found not criminally responsible.It’s still much too early to tell if that’s the case here. Read says the object will be to have a fair trial. And given how much publicity this case has already had, it’s going to be difficult process to find an impartial jury.