Crown O’Brien is addressing fact that yesterday Det. Wilson was asked to measure from passenger door of the car to the man door of the breezeway: 11’6.6”.
Next Crown witness is Tamara McGillivray. She is with @hamiltonpolice. On the job since April 7, 1999. On night of shooting she was in forensics unit. #hamont #styres
I’m told that there was a shooting at Hwy. 56, she says. She was given “the name of the involved party.” I’m unclear if that means Styres or Khill.
Seeing photos of Khill’s hands. Nothing unusual visible. #hamont
It was a Remington 870, she says. She also turned over a seized cellphone back to officers who returned it to Melinda Benko, girlfriend of the accused, Peter Khill. #hamont
She placed yellow exhibit markers around the body indicating “areas of interest” where there may be evidence. In one photo we can see shotgun shells, a screwdriver near #Styres left arm, and a pen, pushed into the mud.
Each item is put into a paper bag and given an exhibit number...Near passenger side door of truck there is a screwdriver, a black and orange glove with word “Destiny” written on it, and loose change. $47.31 in “various denominations of change.”
Photo of 52 inch cloth gun sock on floor of hallway just outside master bedroom. Seized and preserved...Inside master bedroom, night table drawer has Exhibits 9 (box of ammunition) and 10 (single shotgun shell).
Box is of Winchester, 12-gauge 3 inch shells with four inside plus one Remington shotgun shell.
Wallet of Khill was found on top of the kitchen counter. It was seized. Contained cash, ID and credit cards. Also seized a note pad from kitchen counter. 14 exhibits from inside house.
Truck photographed in forensic services secure garage after it was towed from the scene. Seeing an intact police seal on the passenger side door. #hamont
A @HamiltonPolice officer follows the truck as it is being towed to maintain the chain of evidence. Some of these photos were taken by Det. Gary Zwicker. Seeing open centre console of truck, damaged steering column and ignition.
Screwdriver on top of driver’s seat, broken piece of plastic from steering column, pair of white gloves on floor of driver’s side, piece of plastic on driver’s seat — all exhibits inside Khill’s truck.
Passenger door lock has been “punched” and damaged...She was also involved with observing blood pattern analyst while they did an analysis on the truck. That was done on Feb. 6, 2016.
Crown O’Brien is showing photo of inside of truck with many small circles marked for blood examination. She was in room when that was being done by three blood pattern analysts from @NiagRegPolice. She would “swab” some area. #hamont #styres
Again in truck, a couple of broken pieces of the ignition are marked as exhibits. Also, seeing photos she took of spare bedroom in the basement and photos by another officer of the house at night.
Now a photo of pieces of identification and a $100 Esso gift card from Khill’s wallet...Photo of knife and sheath from centre console in Khill truck.
Photo of driver’s side door of pick-up truck, undamaged...Photo of back of Khill house...the jury has seen most of these photos before, but now learning who took them and what, if any, exhibits they show.
Photo of Khill truck in the secured forensic garage at @HamiltonPolice HQ...seeing the blood stain markings again on the inside of the truck, specifically the passenger seat. #hamont #styres
Crown is done. Now Manishen doing cross. Asking if any photos were taken of Khill’s legs to show if there was mud or not. Answer is no. Nor of his feet...Seeing photo of breezeway, Manishen is trying to see barefoot prints...It’s hard to see on the large courtroom screen.
Manishen asks if there were barefoot footprints in mud. She says yes, there were barefoot impressions but no detail to them. Not worthwhile trying to preserve those prints.
She says there was blood on the back of Khill’s right hand. Again, I can’t see it on the courtroom screen. Manishen says it is difficult to see on that screen. It is on the knuckle of fourth finger.
We’re seeing photo of the trigger guard on the shotgun...Now seeing Styres’ body in the mud, along with the exhibits around his body. Includes two screwdrivers. Exhibit 3 is screwdriver near his left arm, black tape on handle. A pen near his shoulder and head.
Found a firearms license belonging to Khill in nightstand. Along with trigger lock...in wallet he had a National Defence identification photo card. #hamont
Third screwdriver found on driver’s seat of truck...Photo of scene at night attempts to show how dark it was...After finished collecting exhibits from truck,tow company pulled it out of secure garage. Hosed it down, got mud off it, to take a closer look. No further damage noted.
Manishen is done. Crown O’Brien re-examining. Now a photo of Khill, full body, wearing plaid boxer shorts, black T-shirt. Shows legs and feet. Zooming in on his lower body. See “mud or dirt” below the knees. #hamont
Jury is returning. Crown Nadel is calling Colin Hoare, retired Detective Constable with @NiagRegPolice. He was previously a police officer in England from 1975-1991. #hamont #styres
He did blood stain pattern analysis in this homicide. Feb. 5, 2016, 1:30 p.m. he was contacted by @HamiltonPolice and asked to examine a vehicle related to a firearms related homicide. He attended the next day at 1:28 p.m. #hamont #styres
He had two @NiagRegPolice officers learning to be blood pattern analysts with him to observe...Hoare says he looks “at shape, size, location and distribution of blood stains” to determine what events gave rise to their origin.
Blood stains fall into 3 categories: drip, transfer and spatter. Drip stains are created by force of gravity alone. You cut your finger in kitchen, your blood drips onto the counter, that’s a drip stain.
A transfer is if you put your cut finger on the counter top. If you move your finger, that’s a smear pattern. Spatter is an external source is applied to a blood source and blood moves through the air.
He was briefed by forensic detectives from @HamiltonPolice. He is told deceased had 2 shotgun wounds, was wearing 5 layers of clothing, may have been moved at scene, was near passenger side of vehicle. Asked to do analysis of blood pattern on vehicle.
We’re seeing photos that were shown to Hoare by detectives. They are all images the jury has seen before. He went to truck at 2:50 p.m. at forensic garage. He starts by looking at blood on exterior of truck.
Seeing photo of markers on door, indicating blood staining. Each is under 1 mm in size. Circled “to highlight the blood stains for photographic purposes.” He counted 15. “Some of those stains exhibit directionality.”
That’s the direction the blood was travelling when it contacted the target surface. In three, they are travelling downward. The “tail” indicates the direction it is travelling. Others are travelling at an “upward angle.”
“The problem we have is that we have a curved surfaced.”
“The problem we have is that we have a curved surfaced.”
The majority of the stains are very small. The more force applied to a blood source, the smaller the drops. “There was a lot of force applied to the blood source,” he says.
When a blood stain travels through the air, it wants to for a sphere. Two forces affect it. 1. Air resistance slows it down. 2. Gravity is always a constant downward force...Blood travels in a parabolic arc.
Inside truck, he found stains on front passenger side seat and trim. Nothing on outside of front passenger door. Trim is curved, seat is a textured leather seat. Hoare says white sticker circles he’d been using ran out, so he circled with marker 74 stains.
“Concentration was toward back of the seat on the side and corresponding area on plastic trim,” he says...We’re seeing close-ups of some spatter.
He was told victim had 2 shotgun wounds. He formed the opinion that these were “back spatter stains” which is a blood stain made by drops travelling in the opposite direction of the force.
He was told by @HamiltonPolice there were no exit wounds, so he was satisfied he was seeing “back spatter” stains. When a projectile enters body, it creates a primary wound cavity. Blood is expelled from where projectile entered. Blood wants to come out in shape of a cone.
It is affected by gravity and air resistance. He believes he was looking at back spatter. It was @HamiltonPolice Staff Sgt. Detective Dave Oleniuk from the homicide unit who told him there were no exit wounds.
Hoare did not attend the post-mortem in this case. He was not invited, but he also says it would not have been beneficial...”The blood follows the wound track to the exit and is then expelled from the exit.” Clothing can affect its exit.
Back spatter travels 4-5 feet at ideal circumstances...Styres was wearing 5 layers of clothing. That would decrease distance of spatter. #hamont
2. Blood source was low within open doorway of front passenger seat. The victim could not have been in his final resting spot in driveway when blood spattered on truck. Because back spatter could not travel from there all the way to the truck and no spatter on door exterior.
3. He must have been fully or partially turned toward vehicle for the back spatter to appear as it was.
4. He must have been near to the open door of the truck when he was shot. Within 5 feet.
5. His opinion, based on number of blood stains in truck, that he was closer than 5 feet.
Manishen, in cross, asking for date of report. It was submitted July 23, 2016 to @HamiltonPolice. Asking Hoare if he felt it was important to get information about Styres’ wounds. He says yes. Learned there was no exit wound.
Difficult to determine forward and back spatter, suggests Manishen. Hoare agrees...Manishen is great at breaking down this highly technical evidence into small, understandable chunks.
Hoare says he is always concerned about cognitive bias, which is subconsciously trying to fit what he’s been told with what he sees. Hoare says he preferred not to see the autopsy photos before coming to his own conclusions.
“In this case, I got to the spatter stage and I decided it was either forward or back spatter.” Once he knew there were no exit wounds, he concluded it had to be back spatter stains.
One blood spatter textbook advises analysts should get autopsy photos. Hoare happens to have that very textbook with him. Manishen takes him to a certain page...It advises beginning with reviewing evidence photographs and autopsy photos to discern types/locations/size of wounds.
It advises a blood stain analyst to review autopsy photos for details of clothing, blood in airway passages, “location of all injuries.” Victim’s height and weight may assist analysis. “It doesn’t say anything about asking the investigative officer for an email,” says Manishen.
Hoare has not taken steps advised in textbook, Manishen shows. Email on April 25, 2016 from Oleniuk was in response to an email Hoare sent him. Hoare did not save his initial email requesting info about the exit wounds. Manishen makes the point Hoare did no retain copies of it.
Manishen: “Did you know there actually was an exit and re-entry wound in this case? Did you know that?”
“No sir,” answers Hoare.
“No sir,” answers Hoare.
Pathologist describes wounds. “Shotgun wound of left chest into right chest.” Says there is an entrance wound, no exit wound.
Next is “shotgun wound of the upper right arm into the upper right torso.” Then “Exit/re-entrance wound” on the upper right arm, exits and then into the chest wall.
Exit wounds can create forward spatter? Yes, says Hoare.
Blood spatter on exterior of rear passenger door, blood spatter extends about half-way up. Some spatter around the door handle...Five layers of clothing could “diminish” the blood spatter. These drops are “elliptical and dropping down.”
Could be a situation where there are two separate events? First leads to what’s on the door, other is on the interior seat? Yes, agrees Hoare.
“If the blood source is the body itself, the body could be bent, it could be kneeling,” says Hoare. Right shoulder could be one source, says Manishen, angled into interior of truck. Arm as an exit wound angled into truck could also be a source, suggests Manishen. Hoare agrees.
Manishen suggests it is difficult to be precise about where the blood source is because there are many variables. Hoare agrees. He adds that if blood source was over the seat — like someone leaning in — he’d expect to see more blood on seat.
Manishen is done. Re-exam by Crown Nadel on if blood source was over top of seat, there’d be more blood. But does not eliminate possibility he was facing seat...Hoare says clothing and the arm could “greatly affect” the forward spatter.
There is now an agreed statement of facts regarding the Centre of Forensic Science. Scientists at the CFS analyzed various exhibits seized by @HamiltonPolice. On the black handled screwdriver handle, Jonathan Styres DNA was swabbed, blood not detected.
On blue handled screwdriver his blood and DNA were found. On yellow screwdriver, his DNA was detected, no blood. Stains on truck were all DNA of Styres. Glove tested positive for Styres’ saliva and blood. On Styres’ fingernails, his own blood was detected.
Justice Glithero qualifies her. She examined the spent shotgun shells seized at scene, as well as the shotgun...Manishen says there is no dispute that the shells came from the shotgun...She also did “distance determination.”
Chin says that means “how far the muzzle is away from the target surface.”
With a shotgun, within the shell there is either shot or a slug. Gas pushes the shot cup forward through the barrel, forcing the projectiles and the wad forward through its tractors toward its target surface.
A cloud of soot or smoke can be deposit on the target surface. The projectiles open up and widen the further it goes. She describes it like light coming from a flashlight.
She is looking for pattern and diameter of surface defect. Used shotgun from scene, generated “target panels” to determine a range of results.
Looking at photo of exterior sweatshirt worn by Styres. (Outermost of his five layers of shirts.) It is a black hoodie. There were “two defects.” One circular on back right of right sleeve. And linear defects on left chest area under the neck.
Defect 2 is the chest, Defect 1 is the shoulder. Defect 2 she found no firearms discharge residue. She determined this could be caused by a projectile. Hole was 7 inches, and appears to be caused left to right. She used autopsy photos to support findings.
No firearms discharge residue found. Irregular tear means it’s an angled shot. In this pattern, something is happening to cause a tear that is not uniform and round.
Hole on sleeve was rounder. She saw autopsy report on that wound. One side has a clean edge, on the other side it is scalloped. It either came in at a slight angle or the arm was moving at the time.
Jury has returned. Chin continues on the stand. Crown O’Brien asking about labels of Defect 1 and Defect 2. She says there was no “sequence” involved. That means she doesn’t know which shot came first.
We are now seeing autopsy photos of Styres. There are graphic images. His face has been blacked out...We can see a large hole in his upper chest, almost at the base of his throat. It is 2 inches in diameter. Corresponds with hole in chest of sweatshirt.
On left side, individual shot pellets are contacting the skin, creating a grey edge. Mass of shots creates a very round hole and “clear margin” after that.
Chin now went to firing range to determine at what distance she gets a two-inch hole. Uses materials to replicate a sweatshirt and skin to try to recreate the same pattern.
Styres’ mother, who has been in court all week, is being wheeled in now. She is in a wheelchair. She is coming in to very graphic autopsy photos of her son.
We are now seeing a photo of Styres’ right shoulder. There is a large entrance wound about two inches in diameter.
Styres’ mom, Debra, is sitting with his aunt as these photos are shown...Chin uses the actual shotgun from the crime to do her testing. And, at the end, unused shots seized from the scene.
For Defect 1 on the arm, she believes the muzzle was more than 1 foot and less that 12 feet away from the target. For Defect 2, the chest, she said the muzzle was less than 12 feet away. The chest defect was angled more, making minimum range difficult.
All firearms have a choke designed by the manufacturer. This firearm had a muzzle attachment called a Remmington Turkey Superchoke which would make the remnants tighter and travel farther in a group.
Typically used for turkey hunting, fowl is small, “so you don’t want too big of a spread,” says Chin.
The wads, that followed the remnants, also entered the body. Closer you are, better chance that everything coming out of the barrel will enter the body. But this gun had an extra choke to make the distance longer.
She received unused shotgun shells that @HamiltonPolice seized at the scene. We’re seeing photo of them in the bedside table drawer.
Crown done. Now cross by Manishen.
Muzzle length with attachment is 24.25 inches.
Crown done. Now cross by Manishen.
Muzzle length with attachment is 24.25 inches.
End of muzzle to target surface is 12 feet or less away...She says you can hold gun in different ways — closer or farther from the body. So she can’t determine how far away shooter was.
Manishen is done. Crown O’Brien re-examining. He asks Chin about her experience firing this weapon. How fast can two shells be shot from this gun? She says if magazine is loaded with two shells, she can rack and shoot twice within “a couple of seconds.”
