Nason’s attempted murder jury asks to re-listen to testimony

The jury in the attempted murder trial of Benjamin Nason asked to re-listen to the testimony of several witnesses on Wednesday, after deliberating for about three hours.

Only 2 possible verdicts — guilty of attempted murder or not guilty, judge says

The jury in the attempted murder trial of Benjamin Nason, in Fredericton, continued to deliberate into Wednesday evening.

Nason, 38, of Beaver Dam, is accused of trying to kill his former lover, Beth Ann Wallace, 40, who suffered a single gunshot wound to her upper body, outside her Lincoln Heights home on Jan. 29.

Benjamin Nason, 38, of Beaver Dam, testified earlier this week that he did not recall shooting Beth Ann Wallace, 40, of Lincoln Heights. (CBC)

The seven-man, five-woman jury, began deliberating at about 11 a.m. Around 2 p.m., the jurors asked to re-listen to more than four hours of testimony by several witnesses, including that of the victim and the defendant.

Court of Queen's Bench Justice Judy Clendening instructed the jury that there are only two possible verdicts — guilty of attempted murder, or not guilty.

To find Nason guilty, the jurors must be convinced he intended to kill Wallace, she said, as the emotional victim looked on.

Clendening urged the jurors to use their common sense.

Nason's defence lawyer argued that his client was intoxicated on the night in question.

But the Crown said there is insufficient evidence to prove Nason couldn't be held criminally responsible for his actions.

The minimum sentence for attempted murder involving a firearm on a first offence is five years in prison, according to the Criminal Code.

'What have I done?'

A sheriff displays the gun that Benjamin Nason is accused of using to shoot Beth Ann Wallace on Jan. 29. (Susan King/CBC)

Earlier this week, Nason testified he doesn't recall shooting Wallace, but does remember hitting her with the butt of his high-powered hunting rifle and grabbing the phone from her.

He said he also remembers thinking, "What have I done?"

Wallace previously told the court Nason had come to her home with a rifle, during the early morning hours of Jan. 29, and threatened to kill her.

She was shot in the back, near her shoulder, as she fled down her driveway to a neighbour's house.

Wallace has undergone seven surgeries to repair her arm and still requires additional surgeries, the courtroom heard.

The jurors will remain sequestered until they reach a verdict.