The murder trial of 23-year old Dylan Dingwell continued Tuesday with the court watching a taped interview Dingwell did with police right after the shooting of his brother.
Dingwell is charged with second-degree murder in the death of his older brother Kyle in January.
On the tape, two officers urged Dingwell to help them understand what happened. A tearful Dingwell said he was scared, and that he and his brother were arguing. He said he wished it never happened; that he's not the type of person who hurts people.
Dingwell told police his brother threatened him in front of his young son. He said his brother was coming towards him, so he grabbed the loaded revolver from under the front step of his house, and squeezed the trigger.
The tape showed a tearful Dingwell putting his head in his hands. He told police he tried giving his brother mouth to mouth to help his breathing, and gave him a glass of water before paramedics arrived. He told police he didn't think his brother was bleeding very much.
While the police interview was going on, Kyle Dingwell was in surgery. He died several hours later.
Joel Pink, Dylan Dingwell's lawyer, argued the tape should not be admissible as evidence because his client was influenced by threats made by police.
Pink told Justice John Mitchell that police were using Dingwell's younger brother and his young son to get him to talk.
Crown attorney Cindy Wedge argued that while some of the police comments may have been "inappropriate," they were not threatening. Wedge said Dingwell had spoken to legal counsel and knew he was being taped.
Mitchell has not decided yet whether the tape is admissible as evidence.
The trial continues Wednesday.