Testimony has begun in a new trial for the homeowner who gunned down a Six Nations man in front of his Binbrook home in 2016.
Peter Khill was in a Hamilton court again on Tuesday, more than six years after he fatally shot Jon Styres in his driveway next to his pickup truck, which it’s alleged Styres was trying to steal.
Khill, who has pleaded not guilty to second-degree murder, was granted another trial two years ago by an Ontario court, confirmed through a Supreme Court decision last year.
The defendant is arguing he was acting in self-defence.
Twelve jurors and two alternates were selected from 100 candidates on Monday for the trial at the John Sopinka Courthouse in downtown Hamilton.
However, that number dropped to just 11 on Tuesday after Justice Andrew Goodman excused a juror due to a death in the family, while the two alternates were dismissed earlier in the day in anticipation they would not be needed.
The agreed statement of facts between the Crown and Khill’s council says the accused and his partner were awakened from their sleep around 3 a.m on Feb 4, 2016, to banging and the sight of lights inside of the pick-up truck.
Both say Styres died as a result of a direct hit from a shotgun owned and brandished by Khill on the night of the incident.
In his opening statement, Crown attorney Sean Doherty set the scene for their depiction of events saying Khill would grab the shotgun rather than the phone to call 911, load the weapon and leave his house through a back door to confront a would-be truck thief.
Styres would then be dead moments later laying in the mud with shotgun blasts to the chest and right arm.
Crown witnesses on Tuesday included a former Hamilton Police forensic investigator who arrived on the scene the afternoon of Feb. 4 to obtain photos and videos of the items identified by search warrants, including clothing worn by the deceased.
Judy Chin, a ballistics expert from the Centre of Forensic Sciences, also took the stand explaining how the Remington 870 shotgun, the “pump-action” firearm that killed Styres, would operate.
Chin would tell the Crown that Styres’ “circular” shoulder wound pointed to a blast from a muzzle that was likely more than a foot away but less than 12 feet away from the deceased.
She also said the shot to Styres’ chest was fired from a diagonal angle, suggesting Khill was off to the side when he fired that shot, while the shoulder wound was caused by a shot that was fired from directly in front of Styres.
A blood spatter expert and a number of pathologists are also expected to take the stand in the future for the Crown.
The trial, which continues Wednesday, is expected to last two to three weeks.