Whitehorse Daily Star

Officer heard nothing about any bullets, he testifies during trial

RCMP Const. Jean-Michel Sauve has no recollection of any bullets in the backpack seized when 22-year-old Jessica Johnson was arrested two years ago.

By Chuck Tobin on September 16, 2013

RCMP Const. Jean-Michel Sauve has no recollection of any bullets in the backpack seized when 22-year-old Jessica Johnson was arrested two years ago.

He told defence lawyer David Tarnow he had no recollection of even being told about any bullets in the backpack.

He certainly did not remove a bullet from the backpack and place it in someone else's pocket, he testified Friday morning before a Yukon Supreme Court jury.

Johnson and 31-year-old Christopher Cornell were charged in September 2011 with attempting to murder Haines Junction Cpl. Kim MacKellar and Shane Oakley.

They stand accused of shooting at them during a high-speed chase after the community's general store was broken into.

They were also charged with a number of other criminal offences, such as assaulting the custodian at Madley's General Store during the commission of a robbery, or attempted robbery.

As well, they were charged with shooting at a marked police vehicle.

Only Cornell is on trial at this time.

The trial began with jury selection last Monday. The jury began hearing testimony last Wednesday from witnesses called by Crown prosecutor Keith Parkkari.

The trial is expected to take three or four weeks, and the Crown is anticipated to call 22 witnesses.

The jury has heard testimony of a bullet hole in the front windshield of the RCMP crew cab MacKellar and Oakley were in as they chased a black SUV from Madley's store down the Alaska Highway toward Destruction Bay.

Oakley, a deputy conservation officer (CO), was with MacKellar because he'd received a call from a neighbour at 6:12 a.m. about two people breaking into her house.

The deputy CO testified he'd gone out to the road to see if he could see anything when he ran into MacKellar, who lives across the street.

He was driving through the neighbourhood, and Oakley stopped him and asked if he needed a hand.

Shortly afterward, they received a call on the police radio of a break-in at Madley's store, he said.

Oakley testified at one point during the high-speed chase he heard a loud noise and saw exploding glass in the cab.

When he looked to MacKellar, the officer had blood starting to run down his face.

MacKellar pulled over. Oakley helped the officer walk around the truck, placed him in the passenger seat, turned the vehicle around and drove back to Haines Junction.

The jury has also heard of how two employees of the Talbot Arms Motel in Destruction Bay were on their way to Whitehorse when they saw a black SUV off the Alaska Highway.

They stopped and eventually ended up giving a couple a ride to the Pine Lake Campground.

"When did you learn Jessica had bullets in her backpack?” the defence lawyer pressed during his cross-examination of Sauve.

He asked the constable if he had removed a bullet from her backpack and put in a police vehicle later. The officer said no.

"I am just trying to remember if I had any dealings with any bullets whatsoever, and I cannot recall any bullets,” Sauve said of his involvement in the arrests of the two suspects.

RCMP officers were upset by the incident, he suggested to Sauve. The constable agreed.

They came right away from Whitehorse to assist, Tarnow said, and Sauve agreed.

They came from across Canada, said Tarnow. Sauve said he did not know when those officers arrived.

Tarnow also had Sauve recall for the jury his conviction earlier this year.

Sauve said he was convicted under the Criminal Code for the dangerous operation of an aircraft, for which he was fined $2,000 and prohibited from flying for two years. He is still an active RCMP member.

On the morning of Sept. 26, 2011, he said, he was dispatched to Otter Falls to establish a highway check stop, but had only been there for a short time when he was ordered to move closer to the Pine Lake Campground outside Haines Junction.

As he approached the campground, notification came over the radio that another officer had the two suspects in a field near the campground entrance.

Sauve responded, and could see the officer had them lying down at gunpoint, and he was yelling commands.

Sauve said he pulled up and assisted with handcuffing the two.

The woman said she was Jessica Johnson and the man confirmed he was Christopher Cornell, Sauve told the jury.

He said the two were separated and he took care of Johnson.

Other officers arrived, and Sauve began searching Johnson, who he described as being out of it, or not as responsive as a normal person would be.

Several items were seized at the scene, including her backpack, cell phones, a needle, crack pipe and eventually all her clothes, once she'd been checked out at the health centre in Haines Junction, Sauve told the jury.

The case is being heard before Justice Leigh Gower.

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