Jury enters Day 2 of deliberations into shooting at Captain’s Quarters

A 12-person jury has resumed discussions over whether or not to find Brandon Phillips guilty of first-degree murder in the shooting death of Larry Wellman.

Jurors were expected to deliberate at 9:30 p.m. NT at Newfoundland and Labrador Supreme Court in St. John’s.

Six men and six women were sequestered Tuesday afternoon, but called it a day around 5 p.m.

Phillips, 29, was charged on Oct. 10, 2015 with shooting Larry Wellman during a botched holdup at the Captain’s Quarters Hotel a week earlier.

The Crown alleges Phillips brought a loaded firearm to the hotel’s bar and had planned to use it if anyone got in the way of his robbery attempt.

Larry Wellman in 2006

Larry Wellman, seen in 2006, was shot after intervening during an armed robbery at the Captain’s Quarters Hotel in downtown St. John’s. (Submitted by Wellman family)

The Nova Scotia prosecutors say they’ve proven first-degree murder beyond a reasonable doubt, which they say is supported by DNA and gunshot residue evidence.

The defence, however, has argued the Crown has only proven manslaughter — at best.

Mark Gruchy and Jeff Brace point to a issues with the sawed-off shotgun having discharged automatically in testing. 

Wellman, 63, was killed by a single gunshot to the groin. The defence says this suggests that the masked gunman didn’t intend to kill him.

Justice Valerie Marshall instructed jurors on the law before dismissing them Tuesday. 

Jurors are able to find Phillips guilty of lesser charges, if they so choose, including second-degree murder and manslaughter.

So far in the trial, the jury has:

Jury enters Day 2 of deliberations into shooting at Captain’s Quarters

Source: http://www.cbc.ca/news/canada/newfoundland-labrador/jury-day-2-phillips-brandon-captains-quarters-1.4435008?cmp=rss
Aggregated from: CBC | Newfoundland and Labrador News

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