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Jury deliberations begin in Moncton murder trial with 3 possible verdicts
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Jury deliberations begin in Moncton murder trial with 3 possible verdicts

Twelve jurors in the Moncton murder trial began deliberating Thursday afternoon after the judge instructed them on three possible verdicts: Not guilty, guilty of second-degree murder or guilty of manslaughter.

Riley Phillips, 20, is charged with second-degree murder. He allegedly killed 18-year-old Joedin Leger on April 25, 2022, in Moncton.

The jury heard the testimony of 27 witnesses at the hearing that started on September 23. Phillips testified in his own defense, telling jurors that he shot Leger that morning, but that Leger shot him first.

King’s Court Judge Robert Dysart finished reading his instructions on the evidence and applicable law to the jury at around 3.30pm on Thursday, and deliberations then began at 4pm.

“You decide what happens in this case, not me,” Dysart said during his nearly 130-page order.

Dysart outlined what the 12 jurors would have to consider to accept the self-defense argument Phillips made.

Under section 34 of the Criminal Code of Canada, self-defense can result in a not guilty verdict if there is a reasonable belief that force or threats were used against the accused by another person and that the accused acted in self-defence. that force or threat and that the defendant’s action was reasonable in the circumstances.

If jurors had a reasonable doubt that his behavior was reasonable, then he was acting in self-defense and “he committed no crime. You should find Riley Phillips not guilty of second-degree murder,” Dysart said.

Appears to be a young boy wearing a baseball-style cap with a chin in his hand.
Joedin Leger was 18 years old when she was shot and killed in Moncton on April 25, 2022. (Albert County Funeral Home)

In his closing argument, the Crown told the jury that Phillips’ actions that morning meant self-defense would not apply. Prosecutor Stephen Holt told jurors the Crown’s view was that Phillips had the requisite intent to murder when he pointed the gun at Leger and fired multiple times.

A not guilty verdict can also be reached if the jury does not accept self-defense and finds that the Crown did not prove him guilty beyond a reasonable doubt.

If the jury concludes that Phillips lacked the requisite intent for murder, Dysart said they could find him guilty of involuntary manslaughter. Manslaughter is usually an unplanned murder.

Jurors heard evidence from Crown witnesses that Leger’s death occurred in the context of a home invasion and robbery carried out with five other people, targeting Leger and his girlfriend, who was in possession of marijuana and thousands of dollars in cash.

While brothers Hunter and Jerek England stayed in a borrowed Honda Civic, Hayden Leblanc, Nicholas McAvoy and an unnamed 17-year-old boy drove to Leger’s duplex. But the jury heard only that Phillips entered Leger’s Logan Lane home just after 6 a.m. that morning, dressed in black and wearing a full-face motorcycle helmet.

A gun zip-tied into a box with an orange label attached.
Phillips testified that he fired the gun several times after Leger shot his right hand. (Shane Magee/CBC)

In the defense’s version, Phillips went with the group to Logan Lane because of a dispute over Leger breaking Hunter England’s mother’s windows.

What happened at home is a matter of disagreement that jurors must resolve to reach a verdict.

The Crown’s key witness was the 17-year-old (now 20) who testified that Phillips was given a loaded gun as he drove to Logan Lane, that Phillips entered the house, and that he heard gunshots immediately afterwards. The witness testified that when he looked at the front door, he saw Phillips jump down the stairs from the kitchen area and run toward the waiting Civic.

“‘That dude shot me. But it’s okay, I put four in it,’ something like that,” the witness recalled Phillips saying.

Surveillance video captured five gunshots, and then four people were seen running toward a waiting vehicle.

WATCH | The video captures the obvious gunshots:

Surveillance video shown to Moncton jury shows apparent gunshots

Jurors in the second-degree murder trial of Riley Phillips were shown surveillance video recorded from Logan Lane in Moncton on April 25, 2022.

In Phillips’ version, he knocked on the front door and Leger opened the door and walked up the stairs to the kitchen but never spoke.

He testified that while Phillips was a few steps ahead, Leger reached for the gun and pointed it at him. Phillips said that at that moment he reached for the gun in his waistband under his sweater. Phillips said Leger shot him and then Phillips shot him in the leg.

Phillips testified that he saw Leger turn toward the table and reach for another gun, so he fired several more times before running away.

Both the Crown and defense argued that the jury should accept their versions; both argued that the jury could not believe the testimony of the 17-year-old or Phillips.