Canada

Supreme Court Orders New Trial for Shooting Indigenous Men

Christopher Reynolds, Canadian Press

Thursday, October 14, 2021 2:39 pm EDT released

Ottawa-The Canadian Supreme Court has ordered a new trial for Ontario residents acquitted after shooting an indigenous man in 2016.

Peter Kill of Binbrook, Ontario was acquitted of his second murder in 2018 after the death of John Styles of the Six Nations of the Grand River in southern Ontario.

Kill testified in a trial that training as a military reserve (served from 2007 to 2011) began when noise was heard outside his home early in the morning of February 4, 2016. The pickup truck light turned on, grabbed the shotgun and loaded two shells.

Quietly leaving the house in the semi-countryside on the edge of Hamilton, he barefooted out the back door and saw a shadow figure leaning on the front seat of a driveway truck and shouted. Up! “

He testified that the man stood up and began to turn, raising his hands to “gun height.” That’s when Kill shot him twice.

A 29-year-old tire struck my chest. He died a few minutes later.

Thursday’s ruling unanimously overturned Kill’s acquittal and ordered a new trial, upholding last year’s Ontario Court of Appeals.

Kill’s appeal to the Supreme Court depended on whether the judge did not instruct the jury to weigh his “role in the case.” Compensation is one of several criminal law standards that can help determine if an act is reasonable as self-defense.

In an eight-to-one decision, Judge Sheila Martin, on behalf of the majority, said Kill “played a central role in creating very risky scenarios.”

“When a person faces an intruder, thief, or source of loud noise and neither party has the choice of killing or being killed, the role of the accused in the case is important,” she said. ..

“Without a clear direction to consider Mr. Kill’s role in the case from start to finish, the jury did not know that it was a factor to consider when assessing the rationality of the shooting itself. . “

The judge did not give such instructions, Martin said.

This report by Canadian Press was first published on October 14, 2021.



Supreme Court Orders New Trial for Shooting Indigenous Men

Source link Supreme Court Orders New Trial for Shooting Indigenous Men

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