HAMILTON – A jury has begun deliberating the fate of a Hamilton-area homeowner charged with second-degree murder in the shooting of a man who broke into his truck.
Peter Khill, 28, admits he killed Jon Styres with two shotgun blasts in the early morning hours of Feb. 4, 2016, but says he fired in self-defence, believing Styres was about to shoot him.
Styres, a 29-year-old father of two from Ohsweken, Ont., on the Six Nations reserve, did not have a gun, but Superior Court Justice Stephen Glithero informed the jury this morning that they can rule in Khill’s favour if they decide he “reasonably” believed he was under threat.
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The judge said the jury must also decide whether Khill’s reaction to a perceived threat was reasonable under the circumstances.
Glithero also said the onus was on the Crown to prove beyond a reasonable doubt that Khill was not acting lawfully in self-defence, rather than Khill having to prove he was justified in his actions.
The judge said the jury can also find Khill guilty of manslaughter, if they determine he was not acting in self-defence, but also did not intend to kill Styres or cause serious bodily harm that could kill him.
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