No autopsy done on gunshot victim, says attending physician

By the time Dr. Mark Tutschka took over Mark Shatford's care on Dec. 13 last year, the gunshot victim's prognosis was very poor.

Testifying in Saint John on the fourth day of testimony of the second-degree murder trial of Justin David Breau, Tutschka said Shatford had already undergone several surgeries to repair extensive damage to his internal organs.

A portion of his small bowel hadbeen removed, along with his colon, gallbladder and part of his left leg.

And while all of those injuries were serious, the medical team was having the most difficulty controlling a persistent infection. He said Shatford had "some of the worst bugs" a person can get in their blood, including a fungus.

Tutschka said there was also a persistent infection in Shatford's leg, and he had already returned to the operating room to have another 10 centimetresof his leg removed.

The infection continued and eventually Shatford's entire leg, including the part that fits into the hip socket, was removed, explained Tutschka.

Soon after he took over, Tutschka became concerned that Shatford's level of consciousness wasn't consistent with the medication he was on and he worried about possible neurological damage.

He told the jury that a subsequent CT scan revealed that Shatford had suffered a massive stroke during his treatment.

At that point, he said, Shatford's prognosis "became hopeless."

Tutschka said Shatford, who was in a persistent vegetative state, could have been kept alive with technology, "but he wouldn't have been living."

"Half of his brain was rotting inside his skull," said Tutschka.

Shatford would have had to remain on machines forever, he explained.

• Doctor says shotgun victim's bowel looked like 'Swiss cheese'

Shatford's family decided that he would not have wanted to be kept alive with that quality of life, Tutschka told the jury.

The decision was made to remove all medical interventions and Shatford died a couple of hours later.

Tutschka testified that he told the coroner that this was clearly "a coroner's case," but he said no autopsy was performed.

In fact, Tutschka said he refused to sign the death certificate because he felt it was the coroner's responsibility given the nature of the injuries to Shatford. He said he even called the coroner and explained his position.

Tutschka said he was shocked that an autopsy was not done. So far, no explanation has been given for why it was not.

The court also heard from a witness who lived downstairs from Shatford at 321 Duke St. West.

Jerry McCoy called 911 after he heard a gunshot.

McCoy said he was asleep on the couch when he heard what he thought was a fight upstairs.

"It sounded like two people fighting pretty much above my head."

He said he heard yelling and recognized Shatford yell at someone to get out of his house.

McCoy said it sounded like the combatants continued their fight as they rolled, or fell, down the stairs.

He heard a door slam and about a minute later, a gunshot.

Under cross-examination by defence lawyer Brian Munro, McCoy said there had been several arguments in the upstairs apartment during the three years that he lived there. He said he called 911 about the goings-on at least one more time in 2019.

The trial will continue Tuesday morning.