Shooter was too high to plan deadly en­counter: de­fence

The Hamilton Spectator - - LOCAL - NATALIE PADDON npad­ 905-526-2420 | @NatatTheSpec

Chad David­son shot Tyler John­son but was too stoned to have formed the in­tent to kill the McMaster Univer­sity stu­dent the night he died, his lawyer sug­gested Thurs­day.

De­fence coun­sel Stephen White told the jury that David­son — who is seen on video sur­veil­lance footage fir­ing the gun that killed John­son — was de­scribed as “para­noid,” “yelling” and “out of con­trol” by those who had been with him in the early hours of Nov. 30, 2013.

While he had a gun on him that was ready to fire, the weapon re­mained by David­son’s side un­til John­son took a swing at him af­ter ex­it­ing a pita shop on King Street West, White said.

That’s when David­son fired the gun and shot the engi­neer­ing stu­dent in the chest, he added.

“He loses suf­fi­cient con­trol,” White al­leged in his clos­ing ar­gu­ments.

David­son is charged with the first-de­gree mur­der of John­son, who was killed af­ter hav­ing been out with friends in Hess Vil­lage.

Af­ter be­ing shot, John­son stum­bled into the vestibule of the Tim Hor­tons near King and Caro­line Street South and col­lapsed, bleed­ing on the ground.

Broth­ers Bran­don and Joshua Bar­reira and Louis Re­belo also face the same charge.

White told the jury he be­lieves David­son should be found guilty of man­slaugh­ter and the other three should be found not guilty.

He al­leged there is no ev­i­dence of a plan or a mo­tive to kill John­son and ar­gued Joshua Bar­reira’s mem­ory of David­son say­ing he had a “beef ” with the 30-year-old be­fore he shot him wasn’t re­li­able.

Greg Dorsz, Re­belo’s lawyer, ar­gued in his clos­ing ar­gu­ments that there’s no “clear rea­son” why his client would help the Bar­reira broth­ers or David­son to kill John­son.

He al­leged Re­belo did not have a re­la­tion­ship with Bran­don Bar­reira, was just start­ing to re­build his friend­ship with Joshua Bar­reira af­ter a fall­ing out over a girl, and had barely met David­son.

While Re­belo started chat­ting with John­son and his buddy as they walked out of the pita shop that night, it was be­cause the three men knew each other and were catch­ing up on John­son’s friend’s time in prison.

“He doesn’t de­tain Tyler,” Dorsz said. “He doesn’t ar­range Tyler.”

Jus­tice Toni Skar­ica is ex­pected to be­gin de­liv­er­ing his charge to the jury Fri­day.

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