Case of 2 men accused of murdering Justin Breau now in jury's hands

After seven hours spent deliberating on Wednesday, the jury is still out inthe case against two Saint John men charged with first-degree murder in the death of Justin Breau.

Charles Shatford, 49, and Donald Walker, 52, are on trial for the Aug. 17, 2022, killingofBreau, 39.

After reading an 80-page charge to the jury on Wednesday, Justice Darrell Stephenson sent them to begin deliberations at 12:30 p.m. At about 6:30 p.m., the jury sent word that they had questions three of them that deal with some of the terms in the section of the judge's instructions to them entitled "planned and deliberate."

Just before 7:30, the judge promised to have answers for them in the morning. He also told them that Sheriff's officers would then take them to a hotel for the night.

Now in its fifth week, the trial heard testimony from 20 witnesses, including Breau's girlfriend Megan Ross, who was in the room when he was fatally stabbed after three men burst into their Charles Street apartment.

In his charge to the jury, Stephenson summarized the case and gave them instructions on how to apply the law to the case.

Once charged, Stephenson explained why he had to excuseone of them before they began deliberating.

Initially, 16 jurors were sworn in on Sept. 16, the first day of the trial, but before any evidence was presented, three jurors asked to be excused because of employment considerations.

On Wednesday, Stephenson explained to the jurors that the Criminal Code of Canada sets the maximum number of jurors who can deliberate at 12.

With that, he reached into an envelope that contained 13 numbers and randomly selected one. Juror No.7 was then thanked for his time and service and told he was free to go.

The remaining 12 jurors were thensequestered without cellphones, computers or other "communication devices"until they reach a unanimous verdict or when the judge is satisfied that they are unable to agree on a verdict and that further deliberations would be useless.

Stephenson told the jury that they can decide "how late into any evening you want to deliberate."

In his charge to the jury, Stephenson gave the jurors general rules of law that apply to all jury cases things like the presumption of innocence, the burden of proof and reasonable doubt.

He also outlined the specific rules of law that apply to Shatford and Walker's case.

For example, he told the jury that if a crime is committed by two or more people, "who come together intending to commit that offence, are present during and contribute to its commission, each person commits that offence."

Using a hypothetical example, he said, "If A and B together attack C, intending to kill him, and the combined effect of their blows is to kill him, both A and B would be guilty of murder," said Stephenson.

"In this example, so long as each person had the requisite intent for murder and each committed an assault that was a significant contributing cause of death, it does not matter who dealt the fatal blow."

Stephenson said the prosecution "need not prove which attacker inflicted the fatal blow." Nor, he said, would the jury have to determine it.

Just being there, however, doesn't make a person guilty of "any or every crime somebody else commits in the person's presence. Sometimes, people are in the wrong place at the wrong time."

Stephenson said self-defence is "potentially" applicable to Shatford's case.

During the trial, jurors heard a police interview in which Shatford admitted to stabbing Breau more than once and possibly multiple times, but said it was in defence of Walker. Shatford said Breau pushed him to the floor and tackled Walker as soon as they walked into the apartment.

Stephenson outlined in detail for the jury when and how self-defence would apply. In fact, eight pages were dedicated to self-defence.

The judge also explained intent and how that factors into first-degree murder cases.

To prove intent, he said, the Crown must prove beyond a reasonable doubt one of two things:either that Shatford and/or Walker meant to cause Breau's death, or that they meant to cause him bodily harm that they "knew was likely to cause Mr. Breau's death and was reckless whether death ensued or not."

Stephenson explained what the jury hasto determine in order to find one or both of the men guilty of first-degree murderas charged, or the lesser offences of second-degree murder or manslaughter.