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The tragic incident that unfolded in Fredericton’s bar district in September has led to serious legal consequences for one individual involved. Tyler Totten, a former junior hockey player, found himself at the center of a case linked to the death of André Bourgeois, a 41-year-old from Grand-Digue, New Brunswick. This incident, which resulted in Bourgeois’s death days later, raised serious questions about violence in nightlife settings.
Background of the incident
On September 22, Fredericton police responded to reports of an assault in the downtown area, specifically the Tannery section known for its vibrant nightlife. Two individuals had been attacked, and while one of them—Bourgeois—sustained severe injuries that ultimately led to his death, the second victim only experienced minor injuries. The case quickly escalated, leading to charges against four individuals.
Charges and legal proceedings
Initially, Totten, who was just 18 years old at the time of the incident, faced a serious charge of manslaughter. However, after negotiations with the prosecution, he pleaded guilty to the lesser charge of summary assault last month. This plea deal significantly altered the trajectory of his case, allowing for a less severe penalty than what could have been imposed for manslaughter.
On December 2, Judge Lyne Raymond presided over the sentencing hearing, where the court heard the agreed statement of facts. It was revealed that Totten had kicked Bourgeois in the chest and shoulder area during the altercation. Remarkably, the court noted that no visible injuries were found in those areas, which likely influenced the judge’s decision during sentencing.
Details of the sentencing
During the sentencing process, a joint recommendation from both the Crown prosecutor and Totten’s defense attorney was presented, suggesting a 12-month suspended sentence, along with 12 months of probation. The judge accepted this proposal, which also included 100 hours of community service and the requirement for Totten to engage in potential counseling.
Moreover, as part of the terms of his probation, Totten is prohibited from contacting Bourgeois’s family. This decision underscores the emotional impact of the case on the victim’s loved ones. The family was present during the proceedings but chose not to make any public statements.
Publication ban and ongoing trials
It is important to note that much of the information discussed during the sentencing is subject to a publication ban. This ban aims to protect the integrity of the ongoing trial of the three youths involved in the incident, who are facing separate charges of manslaughter. Their identities are protected under the Youth Criminal Justice Act, reflecting the legal framework designed to safeguard young offenders.
The trial for these youths is scheduled to commence on September 28, 2026, and will be conducted over a span of twenty days. As the legal proceedings unfold, the community remains engaged, reflecting on the broader implications of violence and accountability in social environments.
Conclusion
This case highlights serious issues surrounding public safety and the consequences of violence, particularly in nightlife settings. The legal outcomes for Totten and the upcoming trials of the youths involved will likely serve as pivotal moments for discussions on crime and youth justice in New Brunswick. As the community grapples with the aftermath of this tragic event, it remains hopeful for a resolution that brings some measure of justice for André Bourgeois and his family.