Post by admin on Nov 21, 2009 7:42:26 GMT -5
BARRIE - Keswick hunter Fred Thomas has been found not guilty of manslaughter in the shooting death of 67-year-old Marianne Schmid.
Justice Peter Howden laid out his verdict at 4 p.m. today (Nov. 19) in a Barrie courtroom, three years and 13 days to the day Schmid was killed on a walking trail in the Simcoe County Forest near her home in Adjala-Tosorontio.
Nov. 6, 2006 was a sunny Monday afternoon. At around 1:30 p.m., Schmid had been walking through the forest along the main trail, the Patterson Track.
At the same time, four hunters, including Thomas, were scattered through the bush around the trail having been on the hunt for deer since 6 a.m., with a break for lunch before midday.
Schmid carried on down the trail unaware of the potential danger.
As Thomas turned and tracked what he testified in court was a deer and fired his pump-action shotgun, one of 10 triple-ought buckshot pellets - the largest calibre possible for that type of ammunition - struck Schmid in the stomach, dropping her to the trail.
In court, Thomas admitted to firing the shot, but pleaded not guilty to the manslaughter charge.
Thomas testified to having checked Schmid's vital signs, but she was then left bleeding on the trail as the hunters exited the forest to dial 911 and wait for emergency services to arrive.
In handing down his verdict today Justice Howden said after lengthy deliberation he found he had a reasonable doubt that there a was marked departure from actions a normal person would have taken under the circumstances.
In order to prove manslaughter, the Crown had to convince the judge that Thomas acted in an unreasonable manner by carelessly using his firearm. Justice Howden wasn’t convinced, going so far as to point out that the evidence showed he didn’t aim in her direction at all.
Justice Howden was critical of the police investigation in his decision. He said the investigation failed to provide much in the way of distances from the shooting scene as proper measurements hadn’t been taken.
Following the verdict a family member hugged Thomas and he looked relieved.
Outside the courthouse Thomas said he is happy with verdict, but added he didn’t want to talk further.
“Obviously, I feel bad about it (the shooting),” he said.
“It was a proper judgment,” said Leo Kinahan, Thomas’ lawyer, adding the judge found Thomas didn’t depart from the manslaughter standard.
Over the two-week trial that began in late October, crown attorney Greg Barker laid out an argument of irresponsibility and careless use of a firearm.
He had said Thomas didn't use due care when he fired his 12-gauge, pump-action Mosberg shotgun across a walking trail on a sunny Monday afternoon.
Kinahan, meanwhile, built his case on the concept that Thomas couldn't have predicted the fatal shot.
The court heard testimony from hunters and firearm experts during the course of the trial. Gun and ammunition expert Garry Lawrence's testimony played a crucial role in identifying that random, stray pellets known as "flyers" can occur.
Flyers are said to travel in a different outward direction than the rest of the group of buckshot pellets.
Lawrence also testified ricochets can happen in a bushy area. Kinahan seized on this testimony to argue Thomas then couldn't have predicted the ultimate direction of the fatal shot.
Justice Peter Howden laid out his verdict at 4 p.m. today (Nov. 19) in a Barrie courtroom, three years and 13 days to the day Schmid was killed on a walking trail in the Simcoe County Forest near her home in Adjala-Tosorontio.
Nov. 6, 2006 was a sunny Monday afternoon. At around 1:30 p.m., Schmid had been walking through the forest along the main trail, the Patterson Track.
At the same time, four hunters, including Thomas, were scattered through the bush around the trail having been on the hunt for deer since 6 a.m., with a break for lunch before midday.
Schmid carried on down the trail unaware of the potential danger.
As Thomas turned and tracked what he testified in court was a deer and fired his pump-action shotgun, one of 10 triple-ought buckshot pellets - the largest calibre possible for that type of ammunition - struck Schmid in the stomach, dropping her to the trail.
In court, Thomas admitted to firing the shot, but pleaded not guilty to the manslaughter charge.
Thomas testified to having checked Schmid's vital signs, but she was then left bleeding on the trail as the hunters exited the forest to dial 911 and wait for emergency services to arrive.
In handing down his verdict today Justice Howden said after lengthy deliberation he found he had a reasonable doubt that there a was marked departure from actions a normal person would have taken under the circumstances.
In order to prove manslaughter, the Crown had to convince the judge that Thomas acted in an unreasonable manner by carelessly using his firearm. Justice Howden wasn’t convinced, going so far as to point out that the evidence showed he didn’t aim in her direction at all.
Justice Howden was critical of the police investigation in his decision. He said the investigation failed to provide much in the way of distances from the shooting scene as proper measurements hadn’t been taken.
Following the verdict a family member hugged Thomas and he looked relieved.
Outside the courthouse Thomas said he is happy with verdict, but added he didn’t want to talk further.
“Obviously, I feel bad about it (the shooting),” he said.
“It was a proper judgment,” said Leo Kinahan, Thomas’ lawyer, adding the judge found Thomas didn’t depart from the manslaughter standard.
Over the two-week trial that began in late October, crown attorney Greg Barker laid out an argument of irresponsibility and careless use of a firearm.
He had said Thomas didn't use due care when he fired his 12-gauge, pump-action Mosberg shotgun across a walking trail on a sunny Monday afternoon.
Kinahan, meanwhile, built his case on the concept that Thomas couldn't have predicted the fatal shot.
The court heard testimony from hunters and firearm experts during the course of the trial. Gun and ammunition expert Garry Lawrence's testimony played a crucial role in identifying that random, stray pellets known as "flyers" can occur.
Flyers are said to travel in a different outward direction than the rest of the group of buckshot pellets.
Lawrence also testified ricochets can happen in a bushy area. Kinahan seized on this testimony to argue Thomas then couldn't have predicted the ultimate direction of the fatal shot.