Man charged with murdering teen on Christmas Day confessed to undercover officers, court hears

Anthony Fernandez's body was found in his burned-out Mazda6 two days after Christmas. He had beenbeaten to death after his killers were unsuccessful in strangling him with an electrical cord, a Calgary judge has heard.

A neighbour first noticed the suspicious vehicle in an alley in the northeast community of Bridgeland. The windows were blackened by soot, and a strong smell of gasoline wafted from the car when the door was opened. Police would later find Fernandez face down on the floor in the back seat.

Terry Wingert, 49, is on trial for second-degree murder in what the prosecution has described as a deadly drug robbery.

• Man charged with murder in death of Anthony Fernandez

Most of the witnesses are testifying in a voir dire, a hearing to determine if their evidence is admissible.

On Monday morning, while being arraigned, Wingert pleaded guilty to manslaughter, which the Crown rejected.

Fernandez, 19, was killed on Christmas Day 2013 but it would be nearly two years before Wingert was arrested for second-degree murder. A second man believed to be involved in the killing was never charged.

After emerging as a suspect, Wingert became the target of an undercover police operation in the spring and summer of 2015. Calgary officers posed as petty criminals and befriended the murder suspect, according to prosecutor Pam McCluskey's opening statement.

They then acted out a number of scenarios designed to build trust until, on a drive to Red Deer with an undercover operator posing as a close friend, Wingert confessed "the biggest secret he had." He admitted to killing Fernandez.

"He described in detail how he killed Anthony, he described the aftermath," said McCluskey. "He expressed both remorse and derision for Anthony."

"He got it off his chest."

Wingert 'again and again confessed to murder'

After his arrest in September2015, Wingert also admitted to his role in the killing to a homicide detective, and once in custody at the Calgary Remand Centre, where his phone calls were intercepted by police, he "again and again confessed to murder."

Wingert's lawyers, Karen Molle and Kelsey Sitar, will argue the undercover operation was an abuse of process and should not be considered as evidence. They will also argue against the admissibility of Wingert's confession to the homicide detective.

Justice Scott Brooker will hear the evidence and arguments from Crown and defence lawyers before deciding on its admissibility.

Before prosecutorsMcCluskey and Ryan Jenkins called their first witness, an agreed statement of facts was read aloud outlining evidence not contested by the defence.

Wingert'sDNA at murder scene

Court heard Fernandez was a small scale dial-a-dope drug dealer in Bridgeland back in 2013, and judging by the 311 calls between his cellphone and Wingert'sin December 2013,the accused was a frequent customer of the victim's.

Fernandez's girlfriend was the last to hear from him just after 1a.m. on Christmas morning. When he didn't show up at his mother's place on that day, Daisy Fernandez began to panic. On Boxing Day, she called police.

OnDec. 27, Daisy's son was discovered in his burned-out Mazda. An autopsy found Fernandez's killers had tried to strangle him before beating him to death. They then used a jerrycan full of gas in an attempt to destroy evidence. Police would later discover Wingert's DNA on a hat and a gas can lid found inside the victim's car.

ProsecutorsMcCluskey and Jenkins told Brookerthat Fernandez was killed for the drugs and money he had in his car.

The forensic crimes scene, arson andhomicide units all became involved in the investigation.Staff Sgt.Jodi Arnswas first to testify, detailing the photos she took of the crime scene, including the body and the red jerrycan.

The judge-alone trial is set to last six weeks.