Crown’s the­ory is that Bour­geois was a party to rob­bery at Cor­ner Brook gas sta­tion

The Western Star - - CLOSE TO HOME - BY DIANE CROCKER dcrocker@thewest­ern­ Twit­ter: WS_DianeCrocker

There’s no dis­pute that Cor­ner Brook Esso was robbed on July 2, 2015 or that Ashley Park is the man who com­mit­ted the crime.

There’s also no dis­pute Dillon Bour­geois was there and en­tered the Main Street gas sta­tion just be­fore Park.

What lawyer Karen Rehner says is dis­puted is whether or not Bour­geois’s ac­tions make him a party to the of­fence.

Rehner, who is rep­re­sent­ing Bour­geois on a charge of rob­bing the gas sta­tion, made those com­ments dur­ing her sub­mis­sions at the end of his trial in the Supreme Court of New­found­land and Labrador in Cor­ner Brook on Fri­day.

It’s her asser­tion that they don’t make him a party to the crime. To be a party to the crime she said he would have had to have the knowl­edge and in­tent to as­sist Park.

It’s the Crown’s the­ory that Bour­geois was a party to the of­fence.

Crown at­tor­ney Lori St. Croix said the pair had ex­pected to find the door to the gas sta­tion locked that night and one of them would have to have their face un­cov­ered in or­der to gain en­try. That per­son would be Bour­geois.

But the door was not locked and sur­veil­lance video from the store shows Bour­geois en­ter­ing the build­ing at around 2:50 a.m. with Park right be­hind him.

Bour­geois moves to the drink cooler and Park, with his face cov­ered, goes to the counter and de­mands money from the clerk while point­ing a knife at her.

Bour­geois is then seen leav­ing the store and Park shortly af­ter with the $160 the clerk handed to him.

Video sur­veil­lance from Re­gent Square and Broadway from just af­ter 3 a.m. shows two peo­ple walk­ing across the square and then run­ning across Broadway. St. Croix said one of them is wear­ing shorts that have the same light patch on them as the ones Bour­geois is wear­ing in the Esso video.

St. Croix asked Jus­tice Ge­orge Mur­phy find that Bour­geois is guilty of the rob­bery as a party to the crime.

While Rehner asked that he be found not guilty, she noted that the court has the abil­ity to find a party guilty to a lesser of- fence than the one com­mit­ted.

She said if the court finds Bour­geois un­der­took ac­tions that as­sisted Park in the rob­bery, the ac­tions were done with the pur­pose of as­sist­ing him, but not with the pur­pose of as­sist­ing in the com­mis­sion of the rob­bery.

Mur­phy will de­liver his de­ci­sion in the mat­ter Feb. 14


Dillon Bour­geois looks to­wards sup­port­ers be­fore be­ing led out of a Supreme Court of New­found­land and Labrador court­room in Cor­ner Brook on Fri­day.

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