Team­mate says first shot in melee which ended in My­lan Hicks’ death was fired into ground

Fort McMurray Today - - ALBERTA NEWS - KEVIN MAR­TIN [email protected]­media.com

Cal­gary Stam­ped­ers re­ceiver Davaris Daniels tes­ti­fied the first shot fired out­side Mar­quee Beer Mar­ket the morn­ing My­lan Hicks was killed was into the ground.

And de­spite im­me­di­ately flee­ing the scene upon hear­ing gun­play, Daniels said he thought the shooter was just try­ing to scare peo­ple.

“He fired a shot kind of to­wards the door, to­wards the ground,” Daniels told Crown pros­e­cu­tor Gord Haight.

Daniels said the shot fol­lowed a ver­bal al­ter­ca­tion where the gun­man and an­other in­di­vid­ual ap­proached a group of Stam­ped­ers stand­ing out­side the club af­ter clos­ing.

He said ini­tially a larger friend of the gun­man’s had tried to get into an ar­gu­ment with Hicks and was pulled back by the shooter.

But af­ter the larger man ap­proached Hicks a sec­ond time the even­tual shooter joined the fray.

“They were both kind of in his face, My­lan’s face,” Daniels said.

“My­lan wasn’t re­ally say­ing much.

“There was glass thrown by the shorter guy.

“I re­mem­ber him tak­ing a few steps to the left and pull out.”

Daniels said he didn’t know where the gun came from, but saw it in the man’s hand.

“I know it was a hand­gun, sil­ver­ish.”

He said Hicks ap­peared star­tled when the gun was fired.

“When it hap­pened the first shot kind of froze him,” Daniels said.

Hicks ran one way and Daniels said he went the other.

“I went the op­po­site di­rec­tion into the park­ing lot try­ing to get away from the gun­man as quickly as pos­si­ble.

“I just thought he was try­ing to scare peo­ple.”

Charged with sec­ond­de­gree mur­der in Hicks’ Sept. 25, 2016 death is Cal­gar­ian Nel­son Lugela.

Other wit­nesses tes­ti­fied af­ter the first shot was fired, Hicks was shot twice.

The wit­ness said when things had calmed down he went to re­turn to where the al­ter­ca­tion took place and ran into team­mate Roy Finch.

“He was say­ing, ‘they shot him, they shot him.’”

That’s when Daniels saw Hicks ly­ing on the ground.

“He had one shoe off,” he said, as Hicks’ mother, Re­nee Hill be­gan to sob in the court­room gallery.

His room­mate, Ja­mal Nixon, was hold­ing Hicks and try­ing to com­fort him.

“I just re­mem­ber him gasp­ing,” Daniels said of his dy­ing team­mate.

In cross ex­am­i­na­tion, de­fence lawyer Alain Hep­ner grilled Daniels on a photo line-up con­ducted by po­lice hours later.

In the line-up, Daniels chose some­one other than Lugela from the 10 pho­to­graphs he was shown and checked “no” be­side a pic­ture of the ac­cused.

Daniels said one of the rea­sons he picked the in­di­vid­ual he did was the pho­tographed man was wear­ing a white shirt, as the gun­man was.

And he said he made the choice “af­ter no sleep.”

The trial, sched­uled for two weeks, con­tin­ues.

GAVIN YOUNG/POST­MEDIA

Cal­gary Stam­ped­ers re­ceiver Davaris Daniels speaks out­side the Cal­gary Courts Cen­tre on the first day of the My­lan Hicks sec­ond de­gree mur­der trial on Mon­day De­cem­ber 3, 2018. Nel­son Lugela is on trial for shoot­ing Hicks, a Cal­gary Stam­ped­ers de­fen­sive back, out­side a Cal­gary bar on Septem­ber 25, 2016.

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