Saskatoon StarPhoenix

Judge to determine fate of accused killer in July

- ALEX MACPHERSON With Star Phoenix files from Bre McAdam amacpherso­n@postmedia.com twitter.com/macpherson­a

A Queen’s Bench judge is expected to spend two months deciding the fate of the man accused of killing Beverly Littlecrow in an alleged domestic assault.

Justice Gary Meschishni­ck reserved his decision until July 25 after the manslaught­er trial of Gabriel Joseph Faucher wrapped up Thursday afternoon.

The case is likely to hinge on differing evidence given by Faucher, 45, and a girl who was in the Kinley, Sask., house where 36-year-old Littlecrow suffered a subdural hematoma on Jan. 24, 2016.

The girl, whose identity is protected by a publicatio­n ban, told court Littlecrow hit her head on a dresser after Faucher punched her five times during a fight two days before she died.

The girl went on to testify that she heard more fighting the following night, followed by a loud bang.

Faucher testified that Littlecrow hit her head while falling on the steps outside their house three days earlier, and fell again while getting into bed early in the morning of Jan. 24.

He said a dent in the bedroom drywall must have been caused by Littlecrow hitting her head during the fall.

In his closing submission, defence lawyer Andrew Mason questioned whether the girl’s evidence was reliable, noting that she struggled during the trial to remember things she told police at the time.

Mason said Faucher and Littlecrow had a loving relationsh­ip, and that any allegation­s of earlier fighting have nothing to do with the impact that caused her brain to start bleeding that morning.

“The only thing that relates to the cause of death is the impact that broke those blood vessels in her brain,” he said.

Crown prosecutor Mitch Piché noted that the girl gave her initial statement to police just hours after Littlecrow died.

“How could anything be more reliable than that?” he asked.

Piché argued that Faucher’s statements about what happened changed over time, suggesting he modified it as he learned more about the subdural hematoma that killed Littlecrow.

The prosecutor also noted that Littlecrow ’s mother told court that Littlecrow had said she thought Faucher might kill her if they moved to British Columbia. That suggests “something lurking” in the relationsh­ip, Piché said.

That testimony was the subject of a voir dire during the trial; Meschishni­ck has yet to rule on its admissibil­ity.

Faucher was arrested and charged with second-degree murder in February 2016, nine days after Littlecrow died. He subsequent­ly pleaded not guilty to the reduced charge of manslaught­er.

In his closing submission, Mason emphasized that Faucher was himself struggling to understand what happened that morning because he was asleep, arguing that he behaved as one would expect a grieving spouse to behave.

Piché urged Meschishni­ck to consider all of the evidence, including the force needed to dent a wall and a blood spatter expert’s testimony that Littlecrow ’s blood in the home suggested force was used.

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