User:Oceanflynn/sandbox/SKQB vs Stanley
Death of Colten Boushie (1996 – August 9, 2018) refers to the shooting death of Colten Boushie and the case against 56-year-old[1] local Battleford, Saskatchewan farmer Gerald "Gerry" Stanley, who had been accused of second-degree murder of 22-year-old Colten Boushie, a resident of the Cree Red Pheasant First Nation.[2] Stanley was acquitted on February 9, 2018 in the case of the SKQB vs Stanley at the Court of Queen's Bench Saskatchewan presided by Saskatchewan Chief Justice Martel D. Popescul, an all-white jury[3] acquitted local Battleford, Saskatchewan farmer Gerald Stanley, who had been accused of second-degree murder of 22-year-old Colten Boushie, a resident of the Cree Red Pheasant First Nation. that took place on Stanley's farm, near Biggar, Saskatchewan, Saskatchewan, on August 9, 2016.[4]
Background
[edit]On August 9, 2016, twenty-two year old Colten Boushie, his girlfriend, Kiora Wuttunee, Belinda Jackson,[1] Cassidy Cross-Whitstone and one other young person, all from the Cree Red Pheasant First Nation, had spent the day swimming and drinking.[5] The Ford Escape SUV they were driving got a flat tire and the driver Cross-Whitstone tried to steal a truck from a farm. When he failed, they drove unto Stanley's farm near Biggar, Saskatchewan, Saskatchewan.[4] One of the men attempted to start Stanley's ATV. Stanley's son Sheldon chased him away and then smashed the Ford Escape SUV's windshield with a hammer.[5][6] The father and son had been repairing a fence when the SUV drove up. The SUV then "crashed into Stanley’s wife’s car and came to a halt."[5]
Stanley took a semi-automatic handgun from his shed, loaded it and "fired a warning shots in the air" as Cross-Whitstone and the other young man ran from the ATV.[5]
Stanley then approached the SUV with Boushie in the passenger seat and Jackson and Wuttunee in the back. Stanley said he tried to turn off the ignition key with his left hand while he was holding his handgun in his right hand. He said the gun went off accidentally. He shot Stanley in the "back of the head at point blank range"[3]
Trial
[edit]"I know this is an emotional case and I know that people are very vested in what's happening, but that can't happen. It's not a sporting event where we're rooting for one team or another."
— Saskatchewan Chief Justice Martel D. Popescul February 8, 2018. Court of Queen's Bench, Battleford, Saskatchewan
The trial began January 30, 2018 in Battleford.[1]
During the trial, Stanley's attorney Scott Spencer said there was "no evidence" that Stanley intentionally killed Boushie.[7]
By February 8, 2018, the jurors were deliberating on a verdict behind closed doors.[1]
Judge Popescul "warned people in the gallery about making comments during tense trial".[1] According to a CBC News article, Popescul said "it was the first time in his long career that he had to say that in court based on a complaint from a juror."[1]
The "hang fire" argument
[edit]Scott Spencer, the defence lawyer, postulated that the fatal shot was not intentional, rather it was a result of hang fire which occurs when there is a delay between the time the trigger is pulled and the discharge.[6]
Verdict
[edit]The jury accepted that the gunshot that killed Boushie was hang fire.[6] Stanley was acquitted on February 9, 2018 in the case of the SKQB vs Stanley at the Court of Queen's Bench Saskatchewan presided by Saskatchewan Chief Justice Martel D. Popescul, an all-white jury[3] acquitted local Battleford, Saskatchewan farmer Gerald Stanley, who had been accused of second-degree murder of 22-year-old Colten Boushie, a resident of the Cree Red Pheasant First Nation.[2]
Impact
[edit]Following the announcement of the acquittal, about 1,000 people, including The mayor of Saskatoon, Charlie Clark,[8] gathered at a rally at the Saskatoon court house to show support for Boushie's family and and to express frustration with the acquittal.[8] Other rallies and vigils took place in Battleford, Winnipeg, Halifax, Nova Scotia, Toronto, and Ottawa to challenge the verdict.[8]
Clint Wuttunee, Chief of the Red Pheasant First Nation, called the verdict "absolutely perverse." [3]
In response to the verdict, Federation of Sovereign Indigenous Nations's Vice-chief David Pratt, challenged the jury selection system, saying that "defence counsel used peremptory challenges to block every potential juror who appeared to be Indigenous."[8] Prime Minister Justin Trudeau issued a statement said, "I am going to say we have come to this point as a country far too many times. Indigenous people across this country are angry, they're heartbroken and I know Indigenous and non-Indigenous Canadians alike know that we have to do better."[8]
Saskatchewan Premier Scott Moe said he would be meeting with Trudeau and with First Nations leadership.[8]
At a press conference hosted by Saskatoon Tribal Council, Mayor Clark described the event as a "defining moment for this community and this country."[8] Many chiefs across Saskatoon, including Northern communities, traveled to Saskatoon to attend the rally.[8]
References
[edit]- ^ a b c d e f Quenneville, Guy (February 8, 2018). "'Hearsay' from Reddit and other things the Gerald Stanley trial jury didn't hear". CBC News. Retrieved February 11, 2018.
Judge warned people in the gallery about making comments during tense trial
- ^ a b "Gerald Stanley acquitted of all charges in the death of Colten Boushie". APTN National News. February 10, 2018. Retrieved February 11, 2018.
- ^ a b c d Graveland, Bill (February 10, 2018). "Not guilty verdict in shooting death of Colten Boushie 'absolutely perverse'". The Toronto Star. Retrieved February 11, 2018.
- ^ a b Friesen, Joe (February 8, 2018). "Gerald Stanley must be held accountable for death of Colten Boushie, Crown argues". The Globe and Mail. Battleford, Saskatchewan. Retrieved February 11, 2018.
- ^ a b c d Edwards, Kyle (February 10, 2018). "The Gerald Stanley verdict is a blow to reconciliation—and a terrifying one at that". Macleans. Retrieved February 11, 2018.
White Canadians must know this verdict deepens Indigenous peoples' distrust in the system, which offers no justice to Colten Boushie
- ^ a b c Plaxton, Michael (February 11, 2018). "The Stanley verdict: Manslaughter and 'hang fire'". The Globe and Mail. Battleford, Saskatchewan. Retrieved February 11, 2018.
- ^ Graveland, Bill (February 8, 2018). "Defence claims no evidence Gerald Stanley intentionally killed Colten Boushie". The Toronto Star. Retrieved February 11, 2018.
- ^ a b c d e f g h Frieson, Joe (February 10, 2018). "Thousands rally across Canada after Gerald Stanley acquitted in killing of Colten Boushie". The Globe and Mail. Saskatoon, Saskatchewan. Retrieved February 11, 2018.
Category:Deaths by firearm in Saskatchewan