Regina man found guilty of manslaughter in 2016 shooting death

A Regina jury found Elwin MichaelGoodpipe guilty of manslaughter at theCourt of Queen's Bench on Tuesday in the 2016 shooting death of 56-year-old Andre Joseph Aubertin.

Goodpipepleaded not guilty in the March 29, 2016 shooting death ofAubertin.

The jury was charged Tuesday morning and came back in the afternoon with a guilty verdict. Goodpipedid not receive his sentence and the Crown said it will decidewhether to pursue dangerous offender status for him by his next court appearance on May 22.

During Goodpipe's trial, the court heard Aubertin was killed by single a shotgun blast to the trunk of his body.

Crown prosecutor Mitchell Miller previously told the juryGoodpipeshould be found guilty, even if he didn't shoot orhold the gun, arguingAubertin'sdeath was the result of a robbery gone wrong.

He saidGoodpipeplanned to rob Aubertinwith another man,Jerid Cole Azure.

A witness who testified earlier in the trial told the court she overheard Goodpipe and Azure discuss "jacking"a French man, and said they called him an "easy target," meaning they need not fear retaliation.

Aubertin's common-law partner, Candace Itattakoose,told the courtGoodpipe and Azure arrived at their homemid-morning on March 29, but saidAubertin didn't want anyone inside.

Itattakoose said she told the men they didn't have any meaning marijuana, which court heard Aubertin occasionally sold but they stillentered the living room.

She saidGoodpipe asked to use the phone andshe saw the tip of a shotgun emerge from Azure's sweaterwhen she handed the phone to him.

Thegun went off moments later and the two men allegedlyfled.

In January 2017, Azure pleaded guilty and was sentenced for manslaughter in connection withAubertin'sdeath.

Judge delivers instructions to jury

On Tuesday,Justice Jeff Kalmakoff delivered instructions to the jury.

"Your duty as jurors is to assess the evidence impartially,"Kalmakofftold the jury. "Use your collective common sense."

Kalmakoffadvised the jury on how to measure the credibility of expert and civilian testimony heard at the trial.Healso cautioned the juryabout eyewitness testimony, something the case relies heavily upon.

"It is quite possible for an honest person to make a mistake," he said, noting innocent people have been wrongfully convicted because of this.

For a guilty verdict to be reached, he said theCrown must have proved beyond a reasonable doubt thatGoodpipe wasthe second man involved in the robbery, and furthermore that the two men planned and agreed to help commit the robbery.

The Crown also hadto prove an unlawful offence the manslaughter occurred during the robbery.

Kalmakoff told the jury that Azure'sguilty plea has no bearing on this trial.

Lastly, the judge said the Crown had to prove Goodpipe's knowledge to establish guilt, meaning the jury must find that Goodpipe knew Azure would commit an unlawful act that could bring serious harm to Aubertin, or that "a reasonable person" in the same situation could have foreseen that the robbery could put Aubertin at risk of serious harm or injury.

Defence lawyer Merv Shaw told the jury that the Crown has failed to prove beyond a reasonable doubt thatGoodpipe was inAubertin's home on the day of the shooting.

Furthermore, he said the Crown has not proved Goodpipe intendedto commit an unlawful offence nor did he know Azure had a weapon.