By Curtis Galbraith

Court

Final submissions heard in Grande Prairie murder case

Apr 18, 2019 | 6:03 PM

A Grande Prairie court has heard final submissions in a murder trial.

Defence counsel Andrew Phypers argued that Nicholas Richard Harris was acting in self-defence when he shot and killed John William Rock outside the Canadian Brewhouse in October of 2014.

The two were both involved with selling cocaine and had been in a dispute over a drug debt owed to Rock by Harris. The accused testified during his trial that he hoped the two could work out an agreement.

He also told court Rock had made threats against Harris and his family. A witness also testified he had been assaulted by Rock.

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Evidence at trial that was brought up again during final submissions included testimony that Rock had something in his pocket he used to poke Harris in the ribs while the two were sitting inside the bar, something Harris thought was a gun. Harris also believed the two were meeting in an attempt to settle their dispute. Other testimony heard at trial was that Rock was holding associates of Harris hostage.

When the two were outside, after a punch was thrown, Harris said it looked like Rock was reaching in his pocket for a gun.

A gun was never found on Rock. A knife was found close to where he fell, but it was never connected to him.

Crown prosecutor Shannon Davis countered by saying Harris was not acting to defend himself, and that the killing was planned and deliberate.

The Crown also argued Harris pulling out a gun and shooting Rock was what it calls “an unreasonable response” to Rock punching Harris in the face and that he had other options like leaving the fight available to him. The prosecution added he had months to do something about the threats and instead did nothing.

Davis also argued that Harris wanted to continue his criminal lifestyle and the only way he could do that was to kill Rock.

Justice EJ Simpson is expected to give his final decision May 31.

Simpson asked during the defence submission how two drug dealers could have a shootout in a public place, then claim self-defence at trial.

The defence answered by saying there are no exceptions for certain categories of people under the self defence provisions in the Criminal Code of Canada. The Crown added everyone has equal protection under the law.