Crown says vengeance for Mark Shatford motive for Saint John homicide

After four weeks and 20 witnesses, the case against two Saint John men will soon be in the jury's hands.

Lawyers for both sides delivered final statements to the jurors on Tuesday.

Justice Darrell Stephenson is scheduled to give final instructions on Wednesday morning, when he will summarize the case and explain the law. After that, jurors will begin deliberations.

Charles Shatford, 49, and Donald Walker, 52, are on trial for first-degree murder in the Aug. 17, 2022, death of Justin Breau, 39.

Crown prosecutor Joanne Park opened her remarks to the jury by arguingshe and fellow prosecutor Christopher Ryan had proven beyond reasonable doubt that both men are guilty of first-degree murder.

In laying out the Crown's case, she reminded the jury that Breau had more than a dozen wounds all over his body from scratches to deep stab wounds, including the fatal one that punctured his heart.

Park said "who delivered the fatal blow does not matter."

She also told jurors that although they don't need a motive, it is a piece of evidence they can consider.

Park said Shatford'smotive was vengeance for the killing of his brother.

In 2020, Breau admitted that he shot and killed Mark Shatford, but he claimed he did so in self-defence. Breau was acquitted by a jury of second-degree murder.

In multiple police interviews, Shatford made it clear that he did not believe Breau acted in self-defence. He said Breau had "ripped off" a lot of people and that his death was "karma."

He also told investigators that if he had killed Breau, "I'd be proud to say I did it because he killed my brother."

As for Walker, Park arguedhis motive was also vengeance since Mark Shatford was his best friend. A secondary, "age-old" motive for Walker was conflict over "a girl," she said.

Although Walker repeatedly denied any romantic involvement with Breau's girlfriend, Megan Ross, Park told the jurymessages sent by Walker before Breau's death suggested otherwise. So did more than 600 text messages and almost 300 voice messages between the two leading up to the murder.

Park reminded the jury that Walker told police he wanted Breau dead.

"I hated the guy, he killed my best friend," Park quoted Walker as saying.

She also led the jury through the timeline of telecommunications that begins after Shatford ran into Breau at a Tim Hortons on Waterloo Street.

According to surveillance video played in court, the two came face-to-face at 11:41 a.m. on the day of Breau's death.

Gathering 'the troops'

Over the next four hours, a flurry of phone calls and text messages beginning with a phone call from Shatford to Walker are recorded between the accused men and at least five other people.

Park arguedit was "undeniably clear" that Walker was trying to gather "the troops" and pay Breau a visit.

Although Walker never admitted being involved, Shatford eventually told police he stabbedBreau.

Park reminded the jury of the hours-long route it took for Shatford to get to that admission. She said Shatford would admit some culpability and then deny even being in Breau's apartment.

She said his story changed every time he was presented with evidence.

Credibility an issue: defence

Walker's defence lawyer, Angle Normand, began her final remarks to the jury talking about the legal definition of "reasonable doubt" and how some of the Crown witnesses were "not worthy of belief."

She also said there was no evidence that Walker and Ross were "anything other than friends." Normand said Ross's addiction to fentanyl plus the trauma of witnessing her boyfriend fatally stabbed in front of her likely affect her ability to recall certain events.

Normand said jurors have to "carefully consider" the reliability of her evidence.

"Megan Ross is hardly a reliable witness," she told them.

In the third week of the trial, the jury heard that about an hour and a half after Breau was stabbed, Ross met up with Breau's mother at the hospital. Susanne Breau asked Ross who did it and Ross immediately said "Donnie Walker."

She changed her story when she noticed other people, including a Saint John police officer, in the room.

"The law requires that if any reasonable doubt exists, you must find Mr. Walker not guilty," said Normand.

"In my opinion, and my opinion alone, it's better to have 10 guilty people found not guilty than one innocent person being found guilty and incarcerated."

She asked jurors to imagine being taken away from their family and their lives and losing their freedom.

"That freedom can never be paid back to the innocent people."

That, she said, is why the Crown has such a high burden of proof.

Consider Breau's rage: Shatford's lawyer

Shatford's defence lawyer, Charles Bryant, reminded the jury that Shatford told police he stabbed Breau in defence of Walker.

Shatford said Breau tackled Walker as soon as they walked into Breau's Charles Street apartment. He said he was knocked to the floor in the corner and by the time he managed to get to his feet, he found a knife nearby, said Bryant, "and came to Mr. Walker's aid."

Neither Shatford nor Walker took the stand to testify at the trial, and neither defence lawyer presented any evidence.

Bryant asked the jury to consider Breau's "rage" in the days leading up to his death.

Angry texts from Breau were read into evidence and recordings of phone conversations from the jail were played for the jury. In them, Breau is heard screaming and swearing and making threats.

Much of the anger was directed at Ross and Walker.

Bryant reminded the jury of some of Breau's statements, including "There's going to be a war and I'm not going to lose," and "Tell Donnie to boot up and suit up."

Breau also said he'd rather "Go out in a war" and "Live by the sword, die by the sword. The only way I know."

Justice Darrell Stephenson is expected to give final instructions to the jury Wednesday morning.