Surprise guilty plea in homicide case

Taniskishayinew admits manslaughter in shooting death of man found in car

An afternoon guilty plea midway through a murder trial took a Court of Queen's Bench judge by surprise on Wednesday.

Adam Tyler Michael Taniskishayinew, who turns 29 on Thursday, had been standing trial for second-degree murder in the June 11, 2019, shooting death of 30-year-old Denny Troy Jimmy. Justice Michael Tochor heard 2½ days worth of evidence and, like others, returned to court in the afternoon expecting to hear from additional witnesses.

Instead, defence lawyer Bruce Campbell told Tochor that after discussions between counsel and with his client, Taniskishayinew decided to plead guilty to the lesser charge of manslaughter.

“This is a new development,” Tochor commented.

“There's a lot of circumstances as to why it's late and here now,” Campbell said.

He and Crown prosecutor Bill Burge are expected to present a joint submission for sentence on March 10. Campbell said a second charge — a robbery allegation which hasn't been before the court at the trial — will be brought in as well for sentencing. The robbery charge relates to the vehicle in which Jimmy was found dead.

Tochor — who was hearing the trial without a jury — heard from a variety of witnesses over the past few days. Wednesday morning involved testimony from two expert witnesses, one who addressed DNA findings and the other who spoke to testing done on a sawedoff shotgun said to be the weapon used.

Greg Williams, a forensic specialist employed by the RCMP in the area of firearms and tool marks, said he examined the shotgun as well as a variety of other items, including a spent shotgun shell, pellets, a hoodie said to have been worn by Jimmy and autopsy photos.

Williams said he looked at the holes in the fabric and the fatal injury, then compared both to testing he did using the sawed-off shotgun and fresh rounds like the one believed to have been used. By matching the two, and by observing very little gunshot residue left behind on the clothing, Williams concluded the shot had been fired from within two feet.

He said he also did a variety of tests to see whether he could shock the weapon into discharging without actively pulling the trigger. He said he could not.

Christie Downs, a forensic specialist in biology working for the RCMP'S national forensic lab in Ottawa, said she looked at a variety of items to locate DNA suitable for comparison. Among items she tested were swabs taken from the shotgun and a rear passenger door handle as well as clothing seized from Taniskishayinew. DNA matching that of Jimmy was found on the gun, the door handle and a sleeve of an outer shirt said to have been worn by Taniskishayinew. Meanwhile, DNA matching to Taniskishayinew was found on the gun's action.

Until Wednesday's guilty plea, defence questions seemed headed toward an argument about who was sitting where in the vehicle in which Jimmy was found dead.

Court heard the homicide came to light after the car crashed into a power pole on the evening in question, following which two occupants fled. Details of what led to the shooting have not yet been addressed in court.

There's a lot of circumstances as to why (the plea is) late and here now.