Peter Khill murder case ends in mistrial after juror dismissed over conflict of interest

Jon Styres's family members and friends gasped as an Ontario Superior Court justice declared a mistrial in the case of Peter Khill, who faces second-degree murder after shooting Styresto death in 2016.

Wednesday's court proceedings weresupposed to be the second day of Khill's high-profile, second trial at the John Sopinka courthouse in Hamilton. Khill pleaded not guilty.

Khill was initially acquitted in the first trial back in 2018before being ordered by Supreme Court of Canadato face a new trial last year.

On Tuesday, the jury wentfrom12 to 11 members after a juror was excused after learning a family member died.

On Wednesday morning, Crown prosecutor Paul McDermott told Justice Andrew Goodman they learned one of the jurors was a volunteer with Hamilton Police Services Victim Services Branch.

The branch supports victims of crime like child abuse, crimes against seniors, domestic violence or sexual assault.

McDermott fought to keep the trial, saying a mistrial issupposed to be"last resort."

Defence lawyer Jeffrey Manishen argued there should be a mistrial because only one day of evidence had been heard the trial wasexpected to last a few weeks and with people being infected by COVID-19, the flu and respiratory syncytial virus, the chances of losing another juror in the next few weeks was likely.

Goodman said the case couldn'tproceed withfewer than 10 jurors.

After questioning the juror who volunteers with the police, Goodman stated it was a conflict of interest and said he "completely agreed" with Manishen.

"Did you not think that perhaps on a high-profile case given my comments about impartiality that should've at least been disclosed so I could make the assessment?" Goodman asked the juror.

New jury selection starts Friday, third trial to startMonday

A new trial forKhillwas ordered last yearafter Supreme CourtJustice Sheilah Martin said the first trial judge failed to instruct jurors about how Khill's role in the shooting should be used to assess how reasonable his conduct was.

Styres, a29-year-old from Six Nations of the Grand River, died at roughly 3 a.m. ET on Feb. 4, 2016.

Police previously said the late-night shooting happened when Styres came onto Khill's property in Hannon on Highway 56, southeast of Hamilton, and tried to steal a pick up truck.

Police said Khill, a millwright and former reservist, was armed and confronted Styres, who died on scene of "gunshot-related injuries."

The case won't be delayed for long. JusticeGoodmansaidjury selectionwill take place Friday and the new trial Khill'sthird will begin Monday.

Khill's family and Styres's family declined to comment on the mistrial.