Watch above: A man accused in the 2013 murder of Kelly Diehl has opted to be tried by judge alone. Meaghan Craig files a report from day one at Court of Queen’s Bench.
SASKATOON – A Saskatoon judge began hearing witness testimony in the city’s third homicide of 2013. On Monday, the second-degree murder trial for Abraham Eagle got underway at Court of Queen’s Bench.
Eagle has pleaded not guilty and is accused of killing Kelly Brian Diehl, 29, on the evening of Aug. 29, 2013. His trial is scheduled to run for two weeks.
The first witness to take the stand at the trial was Saskatoon Police Service Const. Jason Saunders, the first officer to respond to the scene. Saunders testified an injured person call came in just after 9:30 p.m. and he was the closest officer.
Leaving the old police headquarters, the officer took just minutes to arrive on scene and found the victim in the back alley of the 500-block of 5th Avenue North.
Upon arriving on scene, Saunders testified that he found the victim’s body laying face up.
“His face and chest were covered in blood,” said Saunders.
Saunders testified that he called for an ambulance and observed that the victim wasn’t breathing. He put on gloves and started chest compressions for two minutes, then another officer took over.
Paramedics took over when they arrived and would declare Diehl dead on scene at 9:51 p.m. that evening.
Police were given information on scene by Diehl’s mother that her son was in the company of two women that night.
The deceased was found in the parking lot adjacent to his apartment building. Officers searched his unit to confirm there were no other victims and gave the all clear after a sweep of the apartment for bodies.
During cross-examination, Saunders was asked if anything was moved in the suite during the search. He responded that he wasn’t really paying attention to the furniture at the time.
“I was looking for bodies.”
READ MORE: Brothers charged with killing man in Saskatoon alley
Next on the stand was Sgt. Michele Johnson, the officer who processed the crime scene.
Johnson testified to receiving a call at 10 p.m. that evening and was requested to go to headquarters, regarding a homicide. She was briefed by the major crimes unit and arrived on scene at 11:15 p.m.
Court was shown her video from that evening before she collected evidence.
Johnson walked court through a number of photographs from that evening, including what appeared to be blood stains inside the window sill of the victim’s apartment more than nine-feet six-inches from base of the apartment complex.
She also testified as to what she believed was a blood trial that started near the base of the back steps of the complex to the body.
Eye-witness William Jarocki also testified Monday, saying he was about to go to bed that evening around 9:30 p.m. when he heard some noises coming from outside.
At first, Jarocki said he didn’t see anything but heard a faint “help” the second time and went out onto his ninth floor balcony overlooking the back alley.
Jarocki testified to seeing a person attacking another with a possible object. He yelled to leave the victim alone and ran back into the apartment to call 911.
At one point, Jarocki said he saw someone patting the victim’s pockets down and the assailants eventually fled towards Kinsmen Park.
Jarocki approached the victim when safe to do so and said it seemed like he wasn’t breathing.
“He wasn’t able to talk or moan.”
His statement, both written and taped, would be given to police shortly afterward.
Eagle’s brother, Albert, has now been charged with accessory after the fact. A trial date has not been set. Both brothers were already in custody when they were charged in November 2013 with Diehl’s death.
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