The jury in the Gerald Stanley second-degree murder trial has begun its deliberations.
In his charge to the jury, Chief Justice Martel Popescul included instruction on the difference between manslaughter and murder and gave them three options: not guilty, not guilty of second degree murder but guilty of manslaughter, and guilty of second degree murder.
Both defence lawyer Scott Spencer and Crown prosecutor Bill Burge made their final arguments to the jury in the morning at Queen鈥檚 Bench Court.
Spencer began his closing remarks by joking that 鈥渢he good news is this is probably the last time you鈥檒l hear from me.鈥� 聽
鈥淭he rest of it is bad. This whole situation is bad, and sad, so sad.鈥�
He began by pointing to the expert testimony. With respect to the Tokarev pistol, Spencer noted blood on the trigger, consistent with evidence that Stanley鈥檚 finger was not on the trigger when Colten Boushie was shot.
With respect to the Crown鈥檚 witnesses from the grey Ford Escape, Spencer was scathing.
鈥淏elinda Jackson is not telling the truth,鈥� he said. Two shots in the passenger side is not true, he said.
As for the other witnesses Spencer said 鈥渢hey were going around checking vehicles,鈥� which 鈥渋s code for trying to steal.鈥�
Spencer blasted the witnesses for not telling the truth.
鈥淔or something so serious, why not tell the truth?鈥� Spencer asked about the Ford Escape witnesses.
鈥淲hat鈥檚 frustrating for me ... is they鈥檙e still not telling the truth.鈥�
Spencer then zeroed in on the .22 rifle and on the witnesses鈥� claims that it wasn鈥檛 loaded, when it was. He noted the loaded rifle was being used to break into the red truck.
Spencer also debunked their claim that it was the Stanleys who had loaded it. 鈥淣ot telling the truth.鈥�
With respect to their activities at the Fouhy farm, Spencer noted the only reason they didn鈥檛 steal Murray鈥檚 truck was because they didn鈥檛 know how to drive a vehicle with a standard transmission.
He also pointed out that Cassidy Cross, driving the Ford Escape, had driven by a spare tire that could have been used for the wheel on the grey Escape.
鈥淐assidy seemed quite taken aback that I suggested he borrow a spare tire in an emergency situation,鈥� said Spencer.
Spencer then dealt with the quad, which he noted was Stanley鈥檚 first concern. 鈥淎nd then the rollercoaster starts,鈥� Spencer said. Gerry said it 鈥渄idn鈥檛 seem right.鈥�
鈥淧ut yourself in Gerry鈥檚 boots and walk along with me that day,鈥� Spencer said to the jury.
He noted the situation transpired over a short period of time. 鈥淭his is all less than two minutes.鈥�
Spencer talked about the attempt to fire up the quad.
鈥淭hat鈥檚 the audacity, that鈥檚 the danger Gerry faced,鈥� said Spencer. They were 鈥渟tealing under their nose in broad daylight.鈥�
Spencer noted the rollercoaster seemed to taper off when it looked like the group was leaving.
鈥淭hank God, good riddance, they鈥檙e gone,鈥� Spencer said of the Stanley reaction, but then the grey Escape hit the blue Escape. Spencer described it as an intentional crashing.
鈥淭hat roller coaster is going up like crazy,鈥� said Spencer.
Spencer also noted that Stanley didn鈥檛 have the luxury to call 911 and wait for police to show up. He mentioned the struggles the Stanleys had of calling 911 and just getting through to Biggar RCMP, and that they couldn鈥檛 even find the farm once called.
He pointed to the actions of Stanley as something you would 鈥渞easonably expect in the circumstances.鈥� He noted there were warning shots, and noted the gun wasn鈥檛 in firing position,
He describes Stanley seeing the lawnmower and thinking, 鈥淲here鈥檚 my wife? Where鈥檚 my wife?
"Whatever鈥檚 happened before, that鈥檚 not as bad as 鈥渢hinking your wife鈥檚 under a vehicle.鈥� Spencer also went over the frantic moments of reaching into the vehicle for the car keys, when the gun fired.
On the murder charge, Spencer said the Crown has the burden of proving beyond a reasonable doubt that the discharge was intentional.
Spencer made the argument there was no intention, and no evidence the gun was pointed.
The only evidence on murder came from Belinda Jackson, Spencer noted, but he noted she never saw anything and didn鈥檛 see any shots. She thought Boushie had been shot from outside the vehicle. Spencer called her testimony a 鈥渕ade up story鈥� - 鈥渄angerous, malicious evidence鈥� disproved by the autopsy report.
The bottom line, Spencer said to the jury, was that Stanley was 鈥渋n a nightmare situation鈥� and he had no intention of hurting anyone.
The Crown has an obligation to prove their theory, he said.
鈥淭hey have to convince you beyond a reasonable doubt.鈥�
They didn鈥檛 even come close to that, Spencer said.
鈥淚t鈥檚 not criminal. It鈥檚 a tragedy. But it鈥檚 not criminal. You must acquit.鈥� Spencer said.
鈥淏ased on the evidence in this courtroom, you must acquit.鈥�
In closing arguments for the prosecution, Bill Burge said it was a highly charged situation at the Stanley ranch, and acknowledged the contradictory testimony from Jackson.
But in his remarks Burge spent a great deal of time painting Stanley as irresponsible, and even not telling the truth on the stand.
On the murder charge, the theory was that Stanley intentionally pulled the trigger.
If the jury accepted that, 鈥淚 would suggest it would be easy for you to make the finding he intended to cause his death.鈥�
There is another offence available, Burge noted, and that is manslaughter based on his careless use of the handgun.
Burge noted Stanley didn鈥檛 know how much ammunition he loaded into the gun, didn鈥檛 keep track of what was in the magazine and didn鈥檛 know how many times he pulled the trigger.
鈥淗e didn鈥檛 even know what the safety mechanisms were on his own gun,鈥� said Burge.
He submitted to the jury that this was a 鈥渉ighly dangerous situation鈥� and it existed 鈥渂ecause of the carelessness of Gerald Stanley.鈥�
Burge also went over the things known 鈥渇or sure鈥� about the case:
- The Tokarev requires 鈥渁 distinct pull each time鈥� and it was not subject to an accidental discharge.
- The cartridge in question on the dash of the vehicle was bulged. That was significant to the firearms expert Greg Williams, said Burge, who 鈥渂rought that to the attention of all of us.鈥�
- The cause of death was a gunshot to the head, the path of the bullet was the left side of the head, downward, slightly forward, left to right.
- There was only one wound, one significant injury.
Burge also went over in detail the evidence concerning the gun. He noted the Tokarev didn鈥檛 have the safety feature of a magazine disconnect.
Regarding Williams鈥� testimony, Burge noted he testified that it wasn鈥檛 subject to an accidental discharge; he noted all three expended cartridges were fired including the bulged one.
Regarding the bulged cartridge, Burge revisited Williams鈥� testimony.聽 There were certain ways a cartridge could be deformed, the firearms experted had testified. There were several possible reasons for it, but one reason why a cartridge is deformed is because it鈥檚 out of battery, it wasn鈥檛 fully supported in the charge of the gun when it was discharged.
Burge then went to work dismissing the theory of a hang fire.
鈥淭hat alone would not cause the bulged casing, because the cartridge would be squarely in the chamber,鈥� Burge said.
He noted hang fires are extremely rare. Sandy Ervin, the defence鈥檚 witness, Burge noted, said he too had never seen it.
鈥淚t鈥檚 a very rare circumstance,鈥� said Burge.
Burge then zeroed in on Stanley鈥檚 testimony with respect to the gun, calling his evidence 鈥渄emonstrably untrue.鈥�
鈥淗is story is, in my opinion, searching for a reason for you to think this is a hang fire,鈥� Burge said.
鈥淭here couldn鈥檛 have been a hang fire because there couldn鈥檛 have been a fire.鈥�
Burge then went to work on Sheldon Stanley鈥檚 testimony that he saw his father 鈥渨alking,鈥� not running, up to the grey Escape.
鈥淪heldon Stanley isn鈥檛 describing a circumstance where he ran to the door,鈥� said Burge.
Burge also noted the testimony of Eric Meechance, who testified that when he ran away he cut through the hedge, went into the yard and saw a woman on a lawnmower.
Meechance 鈥渉ad no reason to lie about a woman on a lawnmower.鈥� Burge鈥檚 point was that the lawnmower was nowhere near the Ford Escape.
鈥淚 want you to think about these very important pieces of information,鈥� said Burg. 鈥淲as Gerald Stanley telling us the truth when he was so concerned about his wife being under the car?鈥�
Burge closed his case by painting Stanley as dishonest on the stand and reckless in his actions.
鈥淕erald Stanley took no precautions and was exceedingly reckless,鈥� said Burge.
Immediately after Burge鈥檚 remarks a lunch break was called. The charge to the jury took place in the afternoon after which time jury deliberations began.聽
Stay with the News-Optimist for continuing updates on the Stanley trial.
