If Justice Fails

TIMELINE

The following chronology of events surrounding the shooting of Melvin 'Chi Chi' Peters is based on first-person accounts given to the fifth estate, testimony given at Erin Walsh's trial in 1975, and police statements and reports not presented at his trial.

Monday, August 11th, 1975

Near midnight, Erin Walsh sets out from Toronto in his 1967 Cadillac with a aquiantance, George Ferguson. His final destination is Halifax, Nova Scotia. He stops in Montreal to buy five pounds of speed, paying with $9000 in counterfeit money.

Erin Walsh
Erin Walsh as a younger man.

See more photos from this story.

Meanwhile that morning in Saint John, New Brunswick, Joseph Valardo, owner of a hardware store on Prince Edward Street sells two boxes of shells for a .410 gauge shotgun to a "chap" he later identifies as Donald McMillan. (read Valardo statement)

In the early evening, Walsh, with Ferguson, arrives in Saint John, New Brunswick. He drinks at several bars and ends up in a booze can where he meets local man Donald McMillan. Walsh asks McMillan if he knows where he can buy a gun. McMillan tells him he knows a guy.

Around midnight, Walsh, McMillan, and others who become key crown witnesses in Walsh’s trial drive to Sussex, New Brunswick, so Walsh can purchase his gun.

Walsh says he wanted a .32 or .38, but in Sussex is presented with a sawed-off shotgun. He scoffs at the idea of paying $100 for a sawed-off shotgun and says he returned to Saint John without the gun.

McMillian
Donald McMillan as a young man.

McMillan and three other crown witnesses later testify that Walsh bought the shot-gun for $100, and that he even tried it out, shooting it out the window on the way back to Saint John.

Walsh sleeps at McMillan’s sister’s house that night.

Tuesday, August 12, 1975

McMillan later testified at trial that Walsh stopped at Joseph Valardo’s hardware store. That McMillan went into the store and bought two boxes of shells and gave them to Walsh. Walsh maintains this never happened.

Chi Chi Peters
Shooting victim, Chi Chi Peters.

By mid-morning, the drinking resumes. McMillan, Walsh and his traveling companion, George Ferguson, show up at David Walton’s apartment. Walsh says he gave McMillan about a pound of speed to look for prospective buyers in Saint John. Walsh says that he intended to come back to Saint John after visiting Halifax and reconnect with McMillan.

Around 11am, Melvin 'Chi Chi' Peters shows up and joins the drinking party.

Crown witnesses testified at trial that Walsh was making racist comments to Peters, who was a black man. Walsh has always denied that he ever made racist remarks to Peters.

Tin Can Beach
The scene at Tin Can Beach more than 30 years later.

The drinking party, now consisting of Erin Walsh, Chi Chi Peters, Donald McMillan, David Walton, and George Ferguson, get into Walsh’s Cadillac. He drives five minutes to an industrial part of Saint John’s waterfront called Tin Can Beach.

According to McMillan, Walsh continues to make racial slurs towards Peters, and asks why he is with them. Peters gets angry. The others prevent a fight between Peters and Walsh. And then, according to McMillan, Walsh had a change in personality. He was all happy and said "it’s all right." McMillan says that Walsh gave him his car keys.

shotgun
A photo of the sawed off shotgun used in the shooting.

Walsh testified that he was assaulted by McMillan, Peters, and Walton on Tin Can Beach. Walsh went into the polluted waters for a swim. From the water he realizes his Cadillac trunk is open. He sees McMillan and Peters coming down from his car. Very quickly, Peters in on top of him with the sawed-off shotgun, demanding to know where Walsh has hidden his drugs.

Walsh manages to break free. He runs up an embankment off the beach, along the railroad tracks and approaches a group of railway workers. He convinces them that he is an undercover police officer in trouble and orders them to call the police. (see statement by Maurice McGinnis)

Brakeman Kenneth George Cuthbertson calls the CNR police, who calls the City police to report "a fracas". (see statement by Kenneth Cuthbertson)

Walsh returns to the beach. A few minutes later, Cuthbertson sees the Cadillac leave the beach.

Walsh's caddillac
Erin Walsh's 1967 brown Cadillac, where Chi Chi Peters was shot.

McMillan is now driving Walsh's Cadillac. Walton is on the passenger side, and Walsh is in between the two of them in the front seat. Peters and Ferguson are in the back seat. David Walton testified later at his trial (and also told the police later that day) that with his right hand, Walsh reached down, picked up the sawed-off shotgun and, without saying a work, in one motion turned around over his left shoulder and shot Peters.

Walsh’s version is that he was forced into his own car, that Peters was in the back seat with the shotgun pointed at his head. A struggle ensues for the gun between Peters, McMillan, and Walsh. Walsh says that McMillan got control and accidently shot Peters.

Continued

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