Crown calls Edson triple murder ‘planned and deliberate’ in closing arguments

Click to play video 'Crown delivers closing arguments in Edson triple murder trial' Crown delivers closing arguments in Edson triple murder trial
WATCH ABOVE: The verdict in an Edson triple murder trial will be handed down on Friday and on Wednesday, the Crown delivered its closing arguments in which it said the killings were "planned and deliberate." Kendra Slugoski reports – Apr 25, 2018

According to the Crown prosecutor, Mickell Clayton Bailey shot his aunt, her boyfriend and his teenage cousin at close-range with a shotgun; a planned and deliberate murder.

“Mickell Bailey had a plan and set that plan in motion,” Brandy Shaw said during closing arguments of Bailey’s triple murder trial.

Bailey sat in the prisoner’s box inside an Edmonton courtroom on Wednesday and showed no emotion.

READ MORE: Those who know man charged in Edson triple murder describe him as goofy kid

The 21-year-old is accused of first-degree murder in the deaths of 36-year-old Roxanne Berube, 46-year-old Daniel Miller and Berube’s daughter, 16-year-old Jazmine Lyon. Bailey was initially charged with second-degree murder for Miller’s death but the charge was upgraded to first-degree during his preliminary hearing.

The three bodies were found in a rural home near Edson in November 2015.

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READ MORE: ‘I don’t understand’: Family reeling from triple murder near Edson

Shaw painted a picture of Bailey waiting outside the home and watching for patterns. She told the court Bailey had later bragged to his friends that he had watched as the family let their dog out every 10 to 15 minutes.

“He waited for someone to let the dog out and it was Roxanne Berube and he shot her,” Shaw said.

After shooting Berube, Shaw said Bailey confessed to friends that he shot Miller as he ran toward him, then followed Lyon in the kitchen as she slipped and fell and “like a horror movie, her begging: ‘No, Mickell.'”

Shaw told the court that Bailey’s confessions highlighted details that only someone at the house would have known. Specifically, that all three victims had been shot with a 12-gauge shotgun, as well as where the bodies were found and the location of the deadly wounds.

Lyon was shot in the face and both Berube and Miller had been shot in the neck. Bailey’s DNA had been found in three locations in that home.

Jazmine Miller as seen in a photo posted on her Facebook page.
Jazmine Miller as seen in a photo posted on her Facebook page. Credit: Facebook/Jazmine Heintz
Edson couple
Dan Miller and Roxanne Berube have been identified as the man and woman found dead near Edson. Credit: Roxanne Berube's Facebook Page
Roxanne Berube, as seen in a photo posted on her Facebook page.
Roxanne Berube, as seen in a photo posted on her Facebook page. Credit: Facebook/Roxanne Berube

The Crown said after the killings, Bailey took money, ammunition, rifles and a flat-screen TV from the home.

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Bailey was arrested days after the murders, not far from the crime scene. He was shot by RCMP before being apprehended; police indicating he was armed when they arrived with their warrant.

READ MORE: 30 guns seized from home of accused in Edson triple homicide

RCMP found a flat-screen TV and rifle in his bedroom but Bailey’s defence lawyer, Nate Whitling, said there was no proof that TV belonged to Berube and Miller and that the rifle came directly from their home.

Whitling said for months, Bailey was involved in the selling of stolen guns.

Whitling told the court the Crown failed to prove the identity of the murderer and that if the judge was convinced Bailey killed these people, the evidence pointed to a “robbery gone bad.”

READ MORE: Robbery was motivation for Edson triple murders, Crown alleges 

Text messages between Bailey and his friend indicated Bailey had to “go do the job,” but was “not indicative of any intention to kill anyone,” said Whitling, stating Bailey had planned to do something, but it couldn’t be proven it wasn’t just robbery.

Whitling said the confessions his client made to a number of people were “simply not believable” and consistent with boasting and trying to impress others.

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“People who saw and heard said they didn’t believe the confessions.”

He said the Crown’s theory of watching and waiting to establish a pattern of when the dog would be let out didn’t make sense with the timeline.

“There does exist a reasonable doubt where identity of the murderer in this case is Mickell Bailey.”

The Crown said Bailey shot Berube before he tried to take anything from the house.

“Motive is different than planning and deliberation,” Shaw said.

The verdict is scheduled to be delivered on Friday at 10 a.m.