The fate of Calgary murder suspect Tyler James Redden is now in the hands of a city jury.<\/p>\n
Justice David Labrenz completed final instructions Tuesday afternoon to the 12-member Calgary Court of King\u2019s Bench jury.<\/p>\n
Labrenz said jurors will have to consider two separate charges Redden faces: attempted murder in the May 18, 2023, shooting of Daniel Spagnolo, and second-degree murder in the killing of Graeme McColm.<\/p>\n
Both men were shot by Redden during an altercation in the parking lot of a northeast Calgary truck stop linked to the sale of contraband cigarettes.<\/p>\n
The Court of King\u2019s Bench judge said jurors will have to decide whether Redden was acting in self-defence when he shot McColm in the back before shooting Spagnolo three times and driving his car at him.<\/p>\n
In closing arguments last Friday, Crown prosecutor Carla MacPhail argued Redden was not justified in shooting the two men, neither of whom was armed at the time of what appeared to be a chance meeting while the parties were driving near 23rd Street and 27th Avenue N.E.<\/p>\n
Redden testified he was following his father, Clarence, in a separate vehicle when his dad was attacked.<\/p>\n
He said he had looped around the truck stop and discovered Spagnolo and McColm assaulting his father.<\/p>\n
But MacPhail argued Redden\u2019s claim he feared Spagnolo and his father was being beaten should not be believed.<\/p>\n
\u201cMr. Redden was not acting in the defence of his father, himself, or his family that day,\u201d MacPhail said.<\/p>\n
\u201cHe was not acting in self-defence at all.\u201d<\/p>\n
MacPhail noted McColm was shot in the back when she says he was fleeing an armed Redden.<\/p>\n
\u201cHe shot him in the back as he tried to get in the car to leave,\u201d she said, suggesting he was \u201cchasing an unarmed man who was shot while trying to flee.\u201d<\/p>\n
But defence counsel Alain Hepner argued his client feared for both his own life and the safety of family members, including his father.<\/p>\n
\u201cHe was \u2026 afraid of Spagnolo, the fear was rampant in Tyler,\u201d Hepner told jurors.<\/p>\n
The lawyer pointed to a series of text messages from Spagnolo to his client in which he said the complainant threatened to shoot the accused.<\/p>\n
\u201cHe thought they were going to kill his dad,\u201d Hepner said.<\/p>\n
Labrenz told jurors the onus was on the Crown to prove Redden wasn\u2019t acting in self-defence in order for them to find him guilty.<\/p>\n