Latest / Kvetch & Release / Windsor jury finds accused not guilty of murder after deadly street fight
Transcript
- 0:00Talk about a jury delivering a not guilty verdict in a second degree murder case
- 0:05from a twenty twenty fight that did end up resulting in the death, but
- 0:10the jury deliberated for a number of hours. As a result of what they
- 0:13found or what they saw in the evidence, they decided not guilty. Again.
- 0:17Joining me right now is the defense co council Bobby Russ And Bobby how
- 0:20are you. I'm doing good, John, how are you doing very well?
- 0:23Thank you? So, you know, pretty big day to have this
- 0:26found out here. It must always be satisfying to receive you know, not
- 0:30guilty for the work that you have done and for your client. Yeah,
- 0:33satisfying and in this case, more than anything, a release. And in
- 0:39this case, why don't you just break down what occurred and what was demonstrated
- 0:44through the evidence. Yeah. So, I mean it's you know, it's
- 0:47funny because if a judge decides, we can tell you exactly what occurred,
- 0:51because what they say in the facts that becomes the facts. But jury just
- 0:55decides not guilty. So I could tell you what I think the facts way
- 0:59that they should have found. This was an encounter between two people who had
- 1:03at least one prior physical altercation together that was in evidence. There was evidence
- 1:11that they had made up on a prior altercation as well. Now, our
- 1:12client, mister Taylor, shows up to this bar where the deceased is not
- 1:18in attendance. He gets assaulted by a guy he doesn't know that gets spoken
- 1:25up, and then about two minutes after that assault, the deceased walks in
- 1:29and it becomes immediately clear that the deceased and the person who had just assaulted
- 1:34mister Taylor are good friends. You know, they embrace, they by have
- 1:38a dreat together, what have you. So our guy sort of makes a
- 1:44plan to get out of there. He asked the bartender to call the police
- 1:46and she says, you know, I'll just walk you out. He walks
- 1:49out, the deceased follows him and chases him. There's an encounter. It's
- 1:53caught on video. The video there is a little grainy, but it is
- 1:57it was clear our our the deceased to the ground, and unfortunately, you
- 2:02know, we had a pathologist and a neural pathologist who both determined that the
- 2:07cause of death was a backwards fault. So it's certainly a matter of some
- 2:12debate exactly what happened after the decease was taken to the ground. I know
- 2:16what I think, I know what the Crown thinks, and I know what
- 2:19others think. But the fact is he was you know, the injury that
- 2:23killed him was when he was originally taken to the ground. So you know,
- 2:25in our view, myself and mister Gordoner my co counsel, with an
- 2:30extraordinarily strong self defense case from the get go, we felt that way as
- 2:35soon as we saw the evidence, felt that way to hold through, and
- 2:38you know, really felt formally in our minds that we were defending a one
- 2:42hundred innocent person, you know, innocent legally, innocent factually, and innocent
- 2:47morally. And you know that that adds pressure because you know, we always
- 2:53have our beliefs in cases, but in this case, you know, we
- 2:54really firmly did believe that she was convicted of anything that would have been a
- 2:58wrong soul conviction. So you know, the pressure you feel in those situations
- 3:02he is immense, and so you never had any doubt that he was acting
- 3:06in self defense to preserve himself. No, in my view, if if
- 3:09the onus, if the burden was reversed and we had to prove you on
- 3:13a reasonable doubt that he was acting in self defense. Who would have done
- 3:15so? Now, this was just hours of deliberation by the jury. Were
- 3:21you surprised by the shortness of how long it took for them to reach this
- 3:24decision or does it speak to the evidence that you were discussing and you know
- 3:29what your thoughts are on this. No, I'm not surprised at all.
- 3:34In my view, Like I said, this was a really obvious decision.
- 3:38There would have been nowhere else to go on the evidence that I would have
- 3:40been shocked and dismayed if they went any other way. You know, we
- 3:46had there's always a time in between juries, hearing evidence and hearing submissions because
- 3:53we've got to Sometimes there are applications with the judge. Sometimes there are you
- 3:58know, discussions about what she'll say to the jury, about what we'll say
- 4:00to the jury. So that took longer than usual here, So the jury
- 4:04had a whole week to think about this. So I was not the least
- 4:10bit surprised that they came back that evening, and in fact, I would
- 4:13have been surprised if they hadn't. It was an obvious decision, and I
- 4:16you know, I firmly believe that one hundred juries out of one hundred would
- 4:19have done the same thing. So you know, I can't speak at all
- 4:23as a reasoned legal mind, as you can just as the outside observer of
- 4:27these things, but I have to imagine that it probably had an impact that
- 4:32your client, you know, asked the bartender, Hey, could you please
- 4:35call the police? I'm concerned. Yeah, I mean I would hope.
- 4:40So we certainly submitted that it should. You know this, he acts passively
- 4:45the entire night. He avoided confrontation the entire night. You know, there's
- 4:49no question that whatever he did and whatever his intentions were on that night,
- 4:54that it's a tragedy that mister McIntyre died. No one wants that, but
- 4:58yeah, I mean the evidence was, in my view, overwhelmingly clear that
- 5:00our guy avoided things the entire night. Well, I want to thank you
- 5:05very much for joining us breaking it down from your point of view, Bobby,
- 5:09It's always appreciated to have your time, mister Russon. Thanks John,
- 5:12you have a great day to you as well. Not guilty. That is
- 5:15the result there, Jerry found not guilty after that deadly street fight, and
- 5:20glad to have Bobby Russen on Criminal Defense, who is also the defense co
- 5:27Council in that case. There regarding Ryan Taylor