A jury has found the man from the Hamilton suburb of Binbrook who fatally shot a Six Nations man not guilty of second-degree murder but guilty of manslaughter.
At 5 p.m. on the second day of deliberations, the twelve jurors in Peter Khill’s trial delivered the verdict in front of family and friends of both Khill and Jonathan Styres in the courtroom at the John Sopinka Courthouse.
Khill was charged with second-degree murder in connection with the shooting death of 29-year-old Styres during the early morning hours of Feb. 4, 2016. The shooting occurred while Styres was allegedly trying to steal Khill’s pickup truck from his driveway in front of his home on Highway 56 in Binbrook.
Khill told the court that he believed Styres was armed with a gun and shot him twice with a shotgun in self-defence, fearing for his life and the life of his then-girlfriend, now-wife Melinda Khill.
The jury had three options: they could have found Khill guilty of second-degree murder, not guilty of second-degree murder but guilty of manslaughter, or not guilty at all.
A manslaughter verdict indicates that the jury didn’t believe Khill had the intent to kill Styres when he shot him and didn’t have the state of mind to commit murder.
Khill’s sentencing will come at a later date, but he will return to court on Tuesday for a hearing to determine if he can remain out on bail until then.
The minimum sentence for manslaughter with a firearm involved is four years.
The trial began almost three weeks ago and heard from a number of witnesses, including the first responders who arrived at the scene that night, forensic experts, and Khill himself.
Khill’s defense attorney, Jeffrey Manishen, argued that he shot Styres because he genuinely feared for his life.
Crown attorneys Sean Doherty and Paul McDermott argued that Khill didn’t call 911 until after he shot Styres and that all of the actions he took were deliberate and intentionally resulted in Styres’ death.
Lindsay Hill, Styres’ partner and the mother of his children, told reporters that there was a “little bit of justice” for Jonathan but said it’s still “extremely painful” that he wasn’t found guilty of second-degree murder.
“It’s very disappointing that he gets to go home and see his kids, spend time with his wife, when me and my children don’t get that option,” she said.
“We have to deal with that loss for the rest of our lives.”
Styres’ immediate family was represented in the courtroom by his aunt Rhonda Johns and cousin Jessica Hill, among others.
They wore pins with a photo of Debbie Hill, Styres’ mother, who has been ill in hospital and unable to attend the trial of her son’s killer.
“As a family, we are disappointed with the outcome of a guilty verdict for manslaughter,” Hill told reporters.
“This is not the outcome we wanted, but we know he has to wear this title for the rest of his life, and he was responsible for Jonathan’s death.”
Khill’s family did not speak to media.
Retired staff sergeant Dave Oleniuk, who was working on scene back in February 2016 and managed the case for Hamilton police, said he’s satisfied with the conviction.
“I think this is a vindication of the rule of law to a degree,” he said. “You know, you’re just not allowed to kill people that are committing petty thefts.”
He added that police did think that second-degree murder was the appropriate charge but said he’s “relieved” that the jury recognized that this was not a case of self-defence.