The judge need only consider a verdict of manslaughter in the first-degree murder trial of accused LRT shooter Colton Ferguson, defence lawyer Ashok Gill said in closing arguments Thursday.
Ferguson is on trial for first-degree murder in the death of Heather Thurier, 23. Thurier was shot in the face at the Stadium LRT station on May 21, 2010.
Gill told court his client cannot be found guilty of first-degree murder because Ferguson never meant to pull the trigger when Thurier was shot.
He further argued that a verdict of second-degree murder is also out of the question because the outcome could not have been foreseen.
Ferguson had been drinking and was provoked by Thurier leaving manslaughter as the only possible conviction, Gill said.
But Crown prosecutor Richard Tchir told the judge that Ferguson was prepared to kill and had plenty of time to think about his actions when he walked away after an initial conversation with Thurier.
Tchir said Ferguson consciously decided to return and without impulse or provocation leveled his loaded sawed-off rifle at the victim's head and fired point-blank. Thurier was killed instantly.