Over four years in prison for police chase and shooting

A man who led police on a lengthy chase across Manitoba involving a helicopter and a shooting which killed his ‘brother’, was sentenced at a St Pierre Jolys Court Tuesday.

David Frank Burling, 30, received four and a half years in jail on top of his existing sentence. He also got a 10-year firearm and driving ban, and a DNA order.

He pleaded guilty to multiple charges, like flight from police, assaulting a peace officer, and driving while prohibited on June 5, 2024.

“My brother (Tristan Mariash) phoned me for help, and I went to help… It ended up being the worst day of my life,” said Burling.

“Worst day of your life? Worst day in other people’s lives,” said Judge Denis Guénette. “There’s a magnet effect between you and cars when you’re not supposed to be having them.”

Two Winnipeg police officers who chased Burling across jurisdictions shared their experience and its impacts.

“Like most new officers, I was naïve to the reality of the profession as we are highly and regularly exposed to the worst society has to offer,” said Const. John Stevens. “It was a slow night. That changed on June 5 just after midnight.”

The police chase began when police communications received a tip from Saskatchewan about a stolen vehicle, potentially carrying firearms, entering Manitoba, court heard.

Stevens said he and his partner, Const. Justin Lopez, followed the stolen Ford F-350 for an hour at speeds up to 170 km/h. They followed Burling in the Providence University College and Theological Seminary in Otterburne where he hid behind a shed before ramming into their car.

“As Mr. Burling kept accelerating directly towards us, it became clear that his intent was to severely injure or kill us. In a matter of seconds, Mr. Burling was right in front us and I was bracing for the impact from the large 7,000-pound truck coming right at me. I felt that my life was in jeopardy. I was now living every police officer’s worst nightmare as I was forced to draw and discharge my firearm in order to protect myself and my partner,” Stevens said.

He has been a police officer for 13 years.

“I then expected someone to exit the truck armed with a shotgun to finish me off. I tried to escape the cruiser car in order to not to be an easy target, however, my door would not open due to the damage done from the impact. I was now trapped behind the steering wheel inside the cruiser car and could not get out. I was vulnerable to another attack and there was nowhere I could escape to,” he said.

Stevens suffered permanent damage to his right wrist for which he is getting surgery this fall.

He said he wasn’t going to talk about the emotional stress it had on him and his family.

His partner Const. Lopez, talked about the emotional effects from that night.

“I found it more difficult at times to stay emotionally connected with my partner and experience various challenges bonding with my newborn, during times that I would hope to be a more joyful period,” said Lopez. “Socially I’ve become more withdrawn.”

Burling has a long history of driving related crimes.

“You name it (driving offences) your honour those entries are on Mr. Burling’s record,” said Crown attorney Valerie Hebert to the judge.

Police’s attempts to stop the vehicle failed. The police service’s helicopter supported with aerial tracking during the chase.

Officers started shooting after the truck rammed into their car.

Mariash was pronounced dead at the scene, after a police officer shot him, court heard. Police found him in the backseat of the truck. Mariash positioned himself in front of a woman who was in the vehicle during the shooting.

Burling fled to a gas station in Niverville, where he jumped out of the stolen truck, and ran towards another vehicle, a small hatchback, and fled the scene. He successfully left the province.

Defence lawyer Ryan Amy said Burling did not intend to harm police and was just trying to get away.

“He lives everyday that his friend (Mariash), who was more like a brother, was shot and killed as a result,” said Amy. “There is no sentence that your honour can give that is going to take that away.”

Burling was recently sentenced in April where he attempted to hit a pedestrian with a vehicle. He has also been involved in a police shooting in Portage La Prairie in June 2022, where police shot him in the buttocks.

Burling is in Stony Mountain Institution, a federal penitentiary, currently serving another sentence of three years.

“He plans to stay away from Manitoba and try to get a fresh start. There’s a lot of traumas in Manitoba for him,” said Amy.

Burling grew up in the child and family services system (CFS), and experienced abuse in his family. He has 12 other siblings from his father’s side that are all in CFS. He also has ADHD, dyslexia, and PTSD.

Court heard Burling has a lifetime driving suspension from Manitoba Public Insurance.