Judge to rule if LRT shooting confession can be evidence
CBC News
Posted: Feb 10, 2012 7:01 PM MT
Last Updated: Feb 10, 2012 6:54 PM MT
A still from surveillance video taken at the Stadium LRT station shows a man in a red ball cap confronting Heather Thurier and two companions moments before she was shot. (Alberta Court of Queen's Bench )
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A decision on whether to admit a videotaped confession from the accused in a first-degree murder trial is now in the hands of an Edmonton Court of Queen's Bench judge.
Colton Barry Ferguson, 21, is on trial for the death of Heather Rae Thurier, 23, at the Stadium LRT station on May 21, 2010.
Thurier died from a gunshot wound after she was shot in the face by a man with carrying a sawed-off rifle. The incident was captured on surveillance video from the LRT station.
In an interview with police, Ferguson admitted to being the man on the tape.
Video of the police interview was played in court on Thursday during a voir dire, a trial within a trial, where the judge must determine whether the confession can be admitted as evidence in the trial.
Lawyers made arguments about the admissibility of Ferugson's statement to Justice Sterling Sanderman on Friday.
His lawyer Ashok Gill argued on Friday that Ferguson, then 19, was young, naive and emotional when he was interviewed a few days after the shooting.
Ferguson repeatedly asserted his right to remain silent when he told police he had nothing to say, Gill added.
But Gill's arguments were rejected by Crown Prosecutor Richard Tchir. Tchir told the judge that Ferguson was given ample opportunity to phone a lawyer, and even spoke to one at one point.
Tchir says it's clear that Ferguson understood his rights when he told officers, "You can come at me all day and I'm not gonna give you nothing."
The judge will announce his decision about whether to accept the confession as evidence on Monday.
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