Unless Martin Payne’s killer was a “master ninja” who could wield three weapons at once, there must have been two attackers in his home the day that he died, a jury in a B.C. murder trial has heard.
Payne, 60, was killed on July 8, 2019, and found dead in his bathroom four days later. Zachary Armitage and James Lee Busch, who escaped a Vancouver Island prison on July 7, 2019, are charged with first-degree murder in the slaying.
Armitage’s file, however, is being dealt with separately, and as they wrapped up their arguments Monday, Crown prosecutors focused on the role they argue Busch played in killing the Metchosin father of two.
Prosecutors said two of three weapons recovered from the scene caused fatal injuries, that Busch was arrested wearing Payne’s clothing, and was in possession of Payne’s house and truck keys.
The high-profile, five-week trial began at B.C. Supreme Court in Vancouver in November. About two weeks in, Armitage was removed from proceedings with Justice David Crossin instructing the 12-member jury not to speculate as to why.
The Crown has argued Payne was killed in his Metchosin home after returning from his job as a mail carrier in Victoria the day after Armitage and Busch escaped the minimum-security William Head Institution. They did so by walking along the shoreline at low tide, prosecutors allege.
The pair was arrested on July 9, 2019, after approaching a man walking a dog who happened to be an off-duty police officer. Both Armitage and Busch pleaded not guilty to the murder on Nov. 14.
The Crown, however, alleges Busch was active participant in killing Payne, who was found with a pool of blood by his head, and duct tape on an arm and leg. A Bowie knife, a hatchet, small knife, shoes, a waffle shirt, and a tape dispenser were recovered from the scene.
A pathologist testified Monday that Payne suffered chop wounds consistent with the hatchet — an attack that came from behind. Sharp wounds consistent with a Bowie knife were also found, one of which was so severe, it severed all major blood vessels and left a mark on Payne’s spine.
The knife attack, however, came from the front, the pathologist told jurors. A third set of wounds on Payne’s hand was defensive, consistent with a smaller blade, the witness added.
The Crown noted that two sets of bloody footprints were found in Payne’s home, along with two bloody gloves and five garbage bags of evidence someone had tried to dispose of. There were too many pieces of clothing in those bags for just one suspect, the Crown argued.
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DNA on a pair of New Balance shoes in the home proves Busch was in the house, prosecutors added, and the print from those shoes is associated with a bloody print found by Payne’s body. Only Armitage’s fingerprints, however, were found in the home.
Even if jurors believe Armitage killed Payne, the Crown argued he could not have done so without help. The pair was “inseparable,” said prosecutor Chandra Fisher.
The Crown said the jury could find Busch guilty of first-degree murder if they decide Payne’s death was a “constructive murder,” as he was forcibly confined by duct tape.
If Busch assisted knowing Armitage intended to kill, the Crown said jurors must find him guilty. In order to find him guilty of second-degree murder, prosecutors added, jurors must be sure beyond a reasonable doubt that the pair did not plan to kill him.
Payne has been described by his daughters Calla and Jessica as a fun-loving “goofball” who was “caring and compassionate.” They have attended each trial date in person.
“We could call him when we were teenagers at any hour of the night … no questions asked,” Jessica told Global News last month.
“He was the best dad we could have hoped for and everyone that met him had a positive impression of him.”
Defence lawyer Ryan Drury argued Monday that the Crown’s case against Busch is circumstantial.
There may be a strong link through forensics to Armitage, but there is little evidence to suggest Busch was even in Payne’s home, his lawyers claimed. If he were, he may have come in after the murder and played no role in it at all, they argued.
The Crown has not proven the murder was premeditated, nor has it proven Busch’s participation, said Busch’s lawyers. They told jurors the only conclusion they can reach is that their client is not guilty of first-degree murder.
To date, jurors have heard that Armitage’s prints were recovered from a notepad found next to Payne’s computer in his master bedroom, on which “What is your pin for your cards” was written. Armitage’s prints were also recovered from the tape dispenser.
Earlier in the trial, a digital forensics expert testified that someone logged into Payne’s computer just after 7 a.m. on the day of the murder and used a Chrome browser that had never been opened before.
The user began searching for terms related to a prison escape, the expert said on Nov. 16.
Between 6:57 a.m. and 1 p.m., searches for Victoria news, free pornography, the William Head Institution, two men escaping a Victoria-area prison, “private water taxi,” and “Zachary Armitage” were logged.
The computer went to sleep at 2:06 p.m. and was never used again, according to the digital forensics expert.
Under cross-examination by Busch’s lawyer, the expert agreed that while Armitage’s name appeared in Payne’s computer search history, the name “James Lee Busch” did not.
The court has also heard that about 10 minutes after the search for “private water taxi” was logged from Payne’s Metchosin home, someone called the Gulf Island Water Taxi inquiring about ferry service to the Lower Mainland — a service the company does not provide.
Less than three hours after that, Armitage called former-inmate James George seeking money and a ride, George testified on Nov. 17. The pair had become friends behind bars, but George said he told Armitage on the phone that he “didn’t want anything to do” with him and later changed his phone number.
A Crown witness who worked at the William Head Institution and helped search for the fugitives after their escape has testified that he doesn’t know whether Armitage and Busch had weapons with them when they left.
Under cross-examination by Armitage’s lawyer, that witness agreed that inmates had to earn some trust in order to end up at the minimum-security facility, where they live in clusters of duplexes to which they are not confined during the day.
The prison’s security measures included alarms that are activated on the duplex doors every night at 10 p.m., checks and counts performed throughout the day to ensure all inmates are accounted for, and cameras on the institution’s property, the witness testified.
— with files from The Canadian Press
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