No charges for officer involved shooting in Otterburne

The Independent Investigation Unit of Manitoba (IIU) has recommended no charges for police officers involved in the shooting death of Tristan Mariash in Otterburne on June 5, 2024, even though the report found the fatal shot was fired as the truck was driving away from police.

A March 20 report explained that the incident began at 12:40 a.m., when police were told to be on the lookout for a stolen vehicle whose occupants may have a firearm.

They tracked the vehicle to Otterburne where at about 1:50 a.m. the suspect’s vehicle rammed a Winnipeg Police Service vehicle. Officers shot at the suspect vehicle which fled the scene.

Police later tracked the vehicle to Drovers Run in Niverville where RCMP found a male with a gunshot wound. EMS attended the scene, but the man was pronounced dead. One female was taken into custody and a second male who fled the scene was arrested later.

The investigation involved one subject officer and one witness officer. Three civilian witnesses also provided statements.

“Following due consideration of all the circumstances, the civilian director has determined that no charges will be authorized,” the news release said.

The report confirmed that shots were fired by police after the suspect vehicle rammed them. They stopped shooting as it fled the scene.

Investigators found seven casings on the ground near the damaged police vehicle and 16 casings inside the vehicle. They noted there were numerous bullet holes in the suspect truck’s windshield and the passenger side.

Witnesses from the truck say the shooting continued as they backed away and turned the truck sideways to police.

The suspect that was hit by police bullets suffered two gunshot wounds, one to the abdomen and one to the back of the head that the autopsy found was fatal. The man had both methamphetamine and amphetamine in his system at the time of the shooting.

The report found that 14 bullets made contact with the windshield of the stolen truck. Five more made contact with the passenger’s side window or the front passenger’s side door.

“The results of the report suggest that the fatal shot occurred while the stolen vehicle was driving away from the police vehicle, based on the trajectory,” it said.

The speed of the stolen truck at impact with the police vehicle as estimated to be 10 km/h.

The IIU has also retained the services of an expert to examine use of force.

Though the expert said the shooting was justified because of the threat posed to the officers, they did express some reservations.

“The author expressed some concerns about SO, (subject officer), continuing to fire at the truck as it drove away, because other options could have been considered at the time,” the report stated.

However, the report also noted that the entire interaction took place in a very short period of time.

The report was sent to the Manitoba Prosecution Service who chose not to pursue charges.

“In this case, after considering all the evidence, we have concluded that a reasonable doubt exists as to whether the officers’ use of force was excessive,” they stated. “Consequently, we are not satisfied that there is a reasonable likelihood of conviction.”

The IIU explained their decision in the report’s conclusion.

“After an extended police pursuit of a stolen truck, it ended in mere seconds, resulting in the AP’s (affected person’s) death,” the report said. “Given that the Manitoba Prosecution Service’s opinion is that the standard for prosecuting charges has not been met, the civilian director will not be authorizing charges.”

The man who led police on that chase received four and a half years in jail for his involvement.

David Frank Burling, 30, also got a 10-year firearm and driving ban and a DNA order during his July 2025 sentencing.

Officers at that time defended their actions including that of Const. John Stevens.

“As Mr. Burling kept accelerating directly towards us, it became clear that his intent was to severely injure or kill us,” he told the court. “In a matter of seconds, Mr. Burling was right in front of 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.”

The 13-year-old veteran suffered permanent damage to his right wrist.

His partner, Const. Justin Lopez shared 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,” he said. “Socially I’ve become more withdrawn.”