The man accused of grabbing and killing security guard Philippe Jean in a Walmart parking lot was acquitted on two counts Thursday afternoon at the Sherbrooke courthouse.
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The incident occurred in April 2020, in the midst of a pandemic. Nacime Kouddar had argued with the security guard about health measures moments before hitting him with his moving vehicle.
After summarizing the many testimonies heard during the trial, Judge Hélène Fabi recalled that she had to acquit the accused if she believed his version of the facts.
“The accused’s version is credible and the court believes it. […] “The accused had no choice but to act as he did,” said Judge Hélène Fabi.
Kouddar was facing charges of manslaughter, fatal hit-and-run and dangerous driving causing death. He was acquitted of charges of manslaughter and dangerous driving causing death, and the judge continued reading her judgment. Philippe Jean, who had only a few days of experience as a security guard at the time of the event, was the father of five children. Judge Fabi upheld the accused’s defense of self-defense.
During the trial last February, images from surveillance cameras were presented. We see the accused and the victim arguing, since Kouddar, it was possible to learn, had been refused access to the business due to health measures linked to COVID-19. Only one person per household was allowed in the store and Kouddar’s partner chose to enter.
Kouddar left the queue to head to his vehicle after this first argument. When his partner returned, he nevertheless decided to go back to insulting the security guard in front of the store, with his window down. Visibly furious, the security guard Philippe Jean ran and jumped into his own vehicle which was nearby. We see him in the footage speeding off and blocking the path of Kouddar’s vehicle.
“The video presented in court is eloquent as to the agirs by Philippe Jean. He has aggressive behavior. […] “He wants to fight when he goes to meet him to block his path. He attacks the accused,” the judge analyzed.
The victim then got out of his vehicle and ran toward Kouddar’s vehicle, which backed up several meters. The security guard then ran back toward his vehicle. Kouddar started driving again, before hitting the security guard. At trial, the Crown and the defence had diametrically opposed views of the collision. For the Crown, it was clear that the officer had jumped on the hood of the accused’s vehicle to avoid a collision. For the defence, the officer had instead jumped of his own free will to attack Nacime Kouddar. It was this last version that the judge chose to retain.
The accused, during the trial, had pleaded self-defense. He had indicated that he had been afraid of the officer’s behavior. This defense was accepted by the judge. His lawyer had argued in particular that the victim’s actions constituted a full-scale attack on his client. Kouddar, who had fled the scene, had also argued that his escape was due to a fear of a new attack by the security officer. His windshield had also been broken by the collision.
“He has no idea of Philippe Jean’s state when he leaves the scene. He still fears that he will pursue him to attack him,” read the judge.
“I never thought that Philippe Jean was injured,” the accused said.
By late afternoon, the judge had not finished reading her judgment. Her decision on the hit-and-run charge had not yet been rendered.
