Judge Zoël Dionne called the jury in Marissa Shephard’s trial the guardians of the rights of the community as he delivered his lengthy instructions yesterday.
He repeatedly reminded the jury to use their common sense, and only make a decision based on the evidence presented in court.
Dionne explained to the jury they could reach a range of verdicts, including first or second degree murder, manslaughter, or also not guilty.
Dionne: However if jury finds they are linked, they must consider if Shephard actively participated in Wylie’s death. Crown must have proven beyond a reasonable doubt Shephard contributed actively to Wylie’s death. It’s not enough she was there, or had a minor role only.
— Dave Heintzman (@daveheintzman) May 7, 2018
He reminded them the Crown had to prove guilt beyond a reasonable doubt, and there was no requirement for the Defence to prove innocence.
Dionne told the jury that just because Tyler Noel and Devin Morningstar were found guilty, that doesn’t mean they must also find Shephard guilty.
Futhermore, Shephard is facing an additional charge of arson with disregard for human life.
Dionne: Crown must have proven each of these essential elements: Shephard caused damage by fire, intentionally or recklessly, or that she knew or was reckless with whether the property was occupied.
— Dave Heintzman (@daveheintzman) May 7, 2018
Dionne: final essential element, did Shephard know, or was reckless that the adjoining units were occupied at the time. ‘Irrespective of where you take your evidence, & who you believe, we never had any evidence that people were left at 96 Sumac when fire was lit’
— Dave Heintzman (@daveheintzman) May 7, 2018
As a last matter before deliberations, two of the 14 jurors were randomly chosen to go home, and only 12 will make a decision on Shephard’s fate.
The jury has been sequestered, and begins deliberating at 9:30.
