There’s no denying Shaylin Sutherland-Kayseas fatally shot Dylan Phillips on the evening of Oct. 14, 2016 in Saskatoon. The decision, now in the hands of the judge, will be whether or not what she did was in association to or for the benefit of the Terror Squad.
During the two-week first-degree murder trial, the defence and Crown have vigorously gone head-to-head, point-for-point on evidence presented in court. Closing arguments at Court of Queen’s Bench on Friday were no different.
The defence hotly contested Phillips’ death was a tragic accident and this is a case of manslaughter.
While the accused identified herself as a five-year member of the Terror Squad on the stand, her legal counsel argued her individual actions shouldn’t be linked back to the gang.
“Just because you’re in a gang doesn’t mean you’ve committed all your crimes for the benefit of the gang,” defence attorney Jessie Buydens said.
“Any time you act wholly on your own then it’s not for the benefit of a criminal organization.”
The Crown vehemently disagreed, arguing in court the accused not only lived and breathed for the Terror Squad, but in this case she killed for the gang.
“I think in the totality of the circumstances I think it’s rather disingenuous to say ‘Oh we did it on our own’ when we can hear them in their own phone call describing this as having gone on a mission,” senior Crown prosecutor Melodi Kujawa said.
Court heard the accused didn’t know the victim prior to the 2016 shooting.
It’s alleged Phillips may have been dealing drugs in Terror Squad territory around the time of the home invasion.
“They went to get drugs and unfortunately Dylan Phillips was shot but I don’t think there was planning, I don’t think there was deliberation. I think it was an unfortunate accident,” Buydens said.
During the length of the trial, the Crown maintains this was a core mission conducted by Sutherland-Kayseas for the Terror Squad. Since a major operational component of the gang is the drug trade, by robbing Phillips of any drugs or money he may have had would have only benefited the criminal organization.
The two co-accused in this case have already pleaded guilty to manslaughter. It’s the defence’s position that all three involved were responsible to the same degree.
“She can’t possibly be on the same level because she is the one that pulled the trigger,” Kujawa said.
A decision on this matter will be handed down Sept. 28. However from all indications, Sutherland-Kayseas will be sentenced at a later date.