Not-guilty verdict in killing of drug dealer

Eyewitness testimony in 2012 death not reliable, judge rules

An Edmonton man accused of helping lure a drug dealer into a fatal trap in May 2012 was acquitted Thursday after a judge concluded that eyewitness testimony during his trial was unreliable.

Although 30-year-old Byron Crane admitted he was present at the killing of Daniel Barata, Court of Queen’s Bench Justice Joanne Goss was not convinced he participated.

“The Crown has not established beyond a reasonable doubt that he was anything more than merely present at a meeting, which could have been a planned robbery or a drug purchase gone wrong, ”the judge wrote in her decision. “Mere presence at the scene or passive acquiescence to the commission of a crime by another does not make a person a party to that offence. Sometimes, people are in the wrong place at the wrong time.”

At trial, prosecutors attempted to prove that Crane, his friend Kevin Witchekan and Witchekan’s visiting cousin Eddie Binning armed themselves with knives and a gun and planned to rob Barata on the night of May 23, 2012.

Previously, court heard, Binning traded some of his belongings — including an iPod, a pair of sunglasses and a can of bear mace —to Barata for drugs. Witchekan later became angry abou this cousin’s trade and intended to steal the possessions back.

At Crane’s trial, Binning testified that the three men jumped Barata inside his apartment building near 129th Avenue and 64th Street. Binning said that Crane choked Barata from behind as Witchekan stabbed him.

Binning told court that as he fled, he heard a gunshot behind him.

Goss decided she did not entirely believe Binning, who admitted in testimony that he’d previously lied under oath. The only evidence that Crane had previous knowledge of the intent to rob Barata came from Binning, Goss wrote.

“It is clearly dangerous for me to rely on Mr. Binning’s evidence in deciding whether the Crown has proven the case against Mr. Crane beyond a reasonable doubt,” the judge’s decision reads.

Goss also did not trust the evidence of another eyewitness, Barata’s girlfriend, who said she had problems remembering the details of the killing because of her cocaine use in the previous hours.

Witchekan pleaded guilty to manslaughter and was sentenced to eight years in prison. Court heard Binning will plead guilty to robbery. His case is still before the courts.