April 24, 2014 11:47 am

O’Hagan murder trial wraps up with closing arguments

Watch above: the trial of a man accused in the shooting death of Lorry Santos wrapped has ended

SASKATOON – The trial of White Boy Posse gang member Randy O’Hagan, accused of first-degree murder in the shooting death of Lorry Santos, has ended in Saskatoon.

The trial was scheduled to last three weeks, but at noon Wednesday, the Crown rested its case after six days of testimony.

O’Hagan’s lawyer chose not to present any evidence or put O’Hagan, who has pleaded not guilty, on the stand.

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In closing arguments, the Crown argued three points why the shooting death of Santos on Sept. 12, 2012 was not only homicide, but first-degree murder.

“This murder was planned and deliberate, that’s the only way you can be found guilty of first-degree murder,” said senior Crown prosecutor Matthew Miazga.

“A second way that you can be found guilty that we argued that this was a contract killing and the third way we argued that this killing was done in association or at the direction of a criminal organization being the White Boy Posse and as such, it would be first-degree murder.”

Santos, a mother of four, was on maternity leave at the time of the shooting and died as a result of a single gunshot wound.

Miazga stated even if Santos wasn’t the intended target that day, O’Hagan had been ordered to kill.

“One of the submissions I made in court is that there is a concept legally of transferred intent, so if you intend to kill A and then by mistake you kill B it’s irrelevant because you had the intent needed at the time you killed B and whether you intended to B or A doesn’t matter, it’s the fact that you intended to kill somebody.”

It is alleged O’Hagan went to a wrong address after a former member of the White Boy Posse was targeted by the gang.

O’Hagan’s lawyer argued the directive to kill a former white boy posse gang member came from a single individual rather than a criminal organization.

Miazga disagreed with the defence.

“The direction to commit this murder of the individual that was referred to in court was made by what was described as a senior member of this organization and as such my argument was that means it’s done on behalf of the organization.”

The last person to testify was John William Marshall, a forensic firearms expert with the RCMP.

Marshall testified the fired bullets pick up impressions of a firearm when shot. Based on his crime lab analysis of the bullets and cartridges found at the crime scene, Marshall stated those were fired by the handguns recovered by police.

Key evidence presented at O’Hagan’s trial revolved around shell casings, two hand guns and witness testimony about a vehicle believed to have been used the day of the murder.

Santos’ husband and the girlfriend of O’Hagan also testified over the six days.

A decision is expected on May 22.

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