Jury deliberations begin in Moncton murder trial with 3 potential verdicts

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

Riley Phillips, 20, is being tried on a second-degree murder charge. It's alleged he killed Joedin Leger, 18, in Moncton on April 25, 2022.

The jury heard from 27 witnesses duringthe trial, which beganSept. 23. Phillips testified in his own defence, telling jurors he shot Leger that morning, but Leger shot him first.

Court of King's Bench Justice Robert Dysart finished reading his instructions on the evidence and applicablelawto the jury Thursday around 3:30p.m., followed at 4 p.m. by the start of deliberations.Deliberations halted around 7:45 p.m. and resume Friday morning.

"You, not I, decide what happened in this case," Dysart said, during his instructions thatran about 130 pages.

Dysart outlined what the 12 jurorsneed to consider to accept theself-defence argument put forward by Phillips.

Self-defence, under section 34 of the Criminal Code of Canada, can result in a not-guilty verdict if there's a reasonable beliefthat a force or threat was being used against the accused by another person, that the accused acted to defend themselves from that force or threat, and the accused's action was reasonable in the circumstances.

Dysart said that if jurors have areasonable doubt that his conduct was reasonable, then he was acting in self-defence "and has committed no crime. You must find Riley Phillips not guilty of second-degree murder."

The Crown, in its closing arguments, told the jury that Phillips's actions that morning mean self-defence wouldn't apply. Prosecutor Stephen Holt told jurors the Crown's view is that Phillips had the required intent for murder when he aimed a revolver at Leger and fired multiple times.

A not-guilty verdict can also result if the jury doesn't accept self-defence and finds the Crown hasn't proven him guilty beyond a reasonable doubt.

If the jury concludes Phillips didn't have the required intent for murder, Dysart said they can find him guilty of manslaughter.Manslaughter is a homicide that's generally unplanned.

Jurors heard evidence from Crown witnesses thatLeger's death happened in the context of a home invasion and robbery targeting Leger and his girlfriend, who had marijuana and thousands of dollars in cash, that was carried out with five others.

Brothers Hunter and Jerek England stayed in a borrowedHonda Civic, while Hayden Leblanc, Nicholas McAvoy and a 17-year-old who cannot be named went up to Leger's duplex.

However, the jury heard only Phillips entered Leger's Logan Lane home dressed in black, wearing a full-face motorcycle helmet, just after 6 that morning.

In the defence's version, Phillips went to Logan Lane with the group over a dispute about Leger smashing Hunter England's mother's windows.

What followed at the home is the subject of dispute that jurors will have to sort out to reach their verdict.

The Crown's key witness was the 17-year-old, now 20, who testified Phillips was handed a loaded revolver en route to Logan Lane, that he heard Phillips enter the home followed almost immediately by gunshots. The witness testified he looked in the front door to see Phillips jumpdown the stairs from the kitchen area and run back to the waiting Civic.

"'The f--ker shot me. But it's OK, I put four in him,' something along those lines," the witness recalled Phillips saying.

Surveillance video captured the sound of five shots, followed by showing four people running back to the waiting vehicle.

WATCH | Video captures sound of apparent gunshots:

Surveillance video shown to Moncton jury captures apparent gunshots

25 days ago

Duration 0:37

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

In Phillips's version, he knocked on the front door and Leger opened it and walked up the stairs to the kitchen area but had no conversation.

While Phillips was a couple steps up, he testified Leger reached for a gun and pointed it toward him. Phillips said in that moment he reached for a revolver in his waistband under a sweater. Phillips said Leger shot him and then Phillips shot him once in the leg.

Phillips testified he saw Leger turn toward a table and reach for another gun, so he fired several more times before fleeing.

Both the Crown and defence argued the jury should accept their version,with both arguing the jury cannot believe testimony of the 17-year-old or Phillips.