Jury starts deliberations in murder trial for man accused of killing Misha Pavelick at campground in 2006
CBC
King's Bench Justice Catherine Dawson's charge to the jury in the trial of the man accused of killing Misha Pavelick almost 20 years ago stretched to about 200 pages.
The identity of the accused, now 36 years old, is protected under the Youth Criminal Justice Act because he was 17 at the time of the death.
He's accused of fatally stabbing 19-year old Pavelick at the Kinookimaw campground near Regina Beach, about 45 kilometres northwest of Regina, on May 21, 2006.
Dawson's instructions to the jury on Wednesday included what's known as a Vetrovec warning regarding testimony from some of the Crown's witnesses, five of whom took part in altercations with Pavelick on the night of his death.
She noted those witnesses were also investigated in connection with the killing, could have minimized the part they played, and could also have an interest in the outcome of the trial.
Dawson told the jury members there are two possible verdicts for them to consider, in addition to an acquittal.
A finding of guilt to second-degree murder — which is the charge laid by the Crown in this case — would require them to conclude that the accused killed Pavelick and had formed the intent to do so.
The jury could instead find him guilty of the lesser included offence of manslaughter. They could reach this conclusion in two ways: if they are confident he stabbed Pavelick but uncertain he intended to kill him, or if they are confident the accused was part of a group attack and contributed to Pavelick's death.
Dawson noted the jury must also consider whether or not the accused was acting in defence of others — the trial heard evidence that his friend Andrew Perkins had been struck with a bottle that night — and whether stabbing Pavelick was an independent or intervening act.
She stressed that the defence of others cannot be an effort to "settle a score or get even."
The jury was still deliberating as of 6:30 p.m. CST. If a verdict is not reached, deliberations will resume Thursday morning.
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