Photo by Curtis Galbraith

By Curtis Galbraith

Court

Decision at Grande Prairie murder trial now expected June 21

May 31, 2019 | 5:29 PM

A decision in the trial of a man accused of a shooting death in Grande Prairie is now expected June 21.

Friday had been set as the day a judge would decide if Nicholas Richard Harris was guilty of murder after the shooting death of John William Rock outside the Canadian Brewhouse in October of 2014.

The two sides made more presentations today about if the killing was first degree murder or manslaughter.

The Crown argued that the killing was planned and that because Harris fired a deadly weapon at Rock from about two feet away, his intent was to kill him or at least cause bodily harm that could result in death.

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Harris had testified earlier that Rock had punched him twice and kept coming towards him after Harris shot Rock in the leg. Harris fired again, striking Rock in the torso.

The defence says Harris believed Rock also had a gun and that the trajectory of the second bullet is inconsistent with Harris raising a gun and pulling the trigger.

Another issue is whether Rock acted for the benefit of or in association with a criminal organization, which the Criminal Code of Canada says would also result in a first degree murder conviction.

The Crown says this would be something the court would have to look at, but is seeking a first degree murder conviction on its belief that the killing was planned and deliberate.

The defence says it may appeal if Harris is found guilty on that basis.

Justice E.G Simpson told court he would have to consider it.