Basil Parasiris
Encyclopedia
Basil Parasiris is a former Montreal
Montreal
Montreal is a city in Canada. It is the largest city in the province of Quebec, the second-largest city in Canada and the seventh largest in North America...

-area businessman who was acquitted of a first-degree murder charge in the shooting death on March 2, 2007 of Sergeant
Sergeant
Sergeant is a rank used in some form by most militaries, police forces, and other uniformed organizations around the world. Its origins are the Latin serviens, "one who serves", through the French term Sergent....

 Daniel Tessier, a Laval
Laval, Quebec
Laval is a Canadian city and a region in southwestern Quebec. It is the largest suburb of Montreal, the third largest municipality in the province of Quebec, and the 14th largest city in Canada with a population of 368,709 in 2006...

 police officer.

Execution of search warrant

On March 2, 2007, Laval police executed a search warrant at Basil Parasiris's home on a quiet Brossard
Brossard, Quebec
Brossard is a suburban area, located on the south shore of the Saint Lawrence River, opposite the island and city of Montreal.Brossard is subdivided into many smaller sections. These sections are characterized by having street names that all begin with the same letter of the alphabet...

 street on Montreal's south shore. The warrant, authorized by Gaby Dumas, a justice of the peace, gave Laval police the green light to use a dynamic entry – meant to surprise the person being investigated – to carry out their search for evidence. The warrant was executed before dawn and with dynamic (forced) entry. In general, dynamic entry is only allowed to be used in cases where there is a risk of a suspect destroying evidence if alerted that police are on the premises. A team of armed and plain clothed Laval police officers knocked down the door to Mr. Parasiris's home and rushed into his bedroom where he and his wife were sleeping. Unaware that they were police officers executing a search warrant, Mr. Parasiris assumed it was a home invasion; he rushed to his .357 Magnum
.357 Magnum
The .357 S&W Magnum , or simply .357 Magnum, is a revolver cartridge created by Elmer Keith, Phillip B. Sharpe, Colonel D. B. Wesson of firearms manufacturer Smith & Wesson, and Winchester. It is based upon Smith & Wesson's earlier .38 Special cartridge. The .357 Magnum cartridge was introduced in...

 revolver and shot at the presumed invaders. The first shot fired hit constable Daniel Tessier in the head, the other pierced his heart. Tessier's partner, Stéphane Forbes, was also wounded by one of 4 bullets fired from Parasiris's revolver in the 30-second shootout with police as was Mr. Parasiris's wife Penny, as she fled to a closet. Mr. Parasiris's two children aged 15 and 7 were terrified at hearing gunfire in their fathers house. The older son rushed and called 9-1-1
9-1-1
9-1-1 is the emergency telephone number for the North American Numbering Plan .It is one of eight N11 codes.The use of this number is for emergency circumstances only, and to use it for any other purpose can be a crime.-History:In the earliest days of telephone technology, prior to the...

 who informed the young boy to stay calm.

Bail hearing

Charged with first degree murder Parasiris stood for bail in front of Quebec Superior Court
Quebec Superior Court
Quebec Superior Court is the highest trial Court in the Province of Quebec, Canada. It consists of 144 judges who are appointed by the federal government.Chief Justices : [partial listing]* Edward Bowen...

 Justice Jean-Guy Boilard and represented by marquee Montreal lawyer, Frank Pappas. During his bail hearing, the judge focused on whether Mr. Parasiris was a risk to the community, or a risk to flee. Witnesses who testified for Mr. Parasiris claimed that Basil was a man of great character, who lived an honest and peaceful life. Never before has a suspect in Canada believed to have been released on bail for the charge of first degree murder. The judge suggested that the warrant the police executed on Basil's home did not constitute justifiable dynamic entry nor a predawn raid, and should have knocked prior to entering. During the bail process, Basil Parasiris claimed that he intentionally did fire his revolver at Sergeant Daniel Tesser under the impression that it was a robbery. He also claimed that he did not recognize Sergeant Tessier as a police officer until after he fell where the word, "Police," was marked on the back of his vest. After testimony from witnesses and from Basil Parasiris, Justice Boilard came to the decision of allowing Basil to be given bail- a first for first degree murder in Canada according to Basil's lawyer Frank Pappas. His conditions included abiding by a curfew, living with his parents, and having a sister and cousin post $100,000.00 bond.

According to media versions at the time of this shooting, the bullet that wounded Penny was fired from a police weapon. The police also fired several rounds into the children's bedroom.

Verdict and acquittals

Basil Parasiris faced a variety of charges; including the attempted murder charge on Tessier's partner, Stephane Forbes, two weapons charges and first degree murder. On June 10, 2008 Quebec Judge Guy Cournoyer found that there was insufficient evidence to convict Mr. Parasiris of attempted murder
Attempted murder
Attempted murder is a crime in England and Wales and Northern Ireland.-Today:In English criminal law, attempted murder is the crime of more than merely preparing to commit unlawful killing and at the same time having a specific intention to cause the death of human being under the Queen's Peace...

 or the weapons charges. Justice Cournoyer then ordered the jury to sequester and consider coming to a verdict only on the murder charge.
On Friday June 13, 2008, the jury reached a not guilty verdict on the charge of first degree murder of a police officer. The jury suggested that there was reasonable ground to believe that Mr. Parasiris acted in self defense believing the police officers who he thought were attackers were going to harm his wife and children while the Judge deemed that the search warrant which was used to enter Mr. Parasiris's suburban home was illegal.

Aftermath

Many cited this tragic case as the result of police errors that could have been avoided. Laval police Chief Jean-Pierre Gariépy expressed dismay at the verdict, citing the reasons why the officers were at Mr. Parasiris's home to begin with. Chief Gariépy assured that he would suggest to the Quebec's Public Security Department that they review the policies and procedures behind the use of dynamic entry on search warrants to avoid such complications again in the near future. Thousands of police officers from Quebec and elsewhere in Canada marched on the day of Daniel Tessier's funeral to protest his death. Mr. Parasiris claims that the police are trying to cover their mistakes in his case, and attempting to frame him as a drug kingpin. He is also considering filing a lawsuit against the Laval police for defamation of character.

On Tuesday July 27, 2010, police in Laval, Quebec announced they were countersuing Mr. Parasiris, believing that there was enough evidence to pursue him for damages.

External links

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