Youngest brother testifies in Dingwell murder trial
Dylan Dingwell accused of fatally shooting his older brother Kyle
The youngest brother of Kyle Dingwell, who was shot to death in January, took the stand on Friday in Charlottetown in the second-degree murder trial of 23-year-old Dylan Dingwell.
Jarred Dingwell — Kyle and Dylan Dingwell's younger brother — told the court he was in the house as arguing escalated out of control on Jan. 17, and ended with one brother dead and the other accused in his murder.
The 18-year-old told the court he wasn't going to school or working when the shooting happened.
Jarred Dingwell told the court his older brothers squabbled that morning, because Kyle wanted to use Dylan's car and Dylan didn't want him to take it.
He said things got worse when social services called. Kyle thought he was going to lose his welfare benefits because of something Jarred told them.
Jarred Dingwell testified Kyle gave him a snap on the back of his head and called him an idiot. He said when Dylan intervened, Kyle knocked him down and started punching him. Jarred said he pulled Kyle off of Dylan, but Kyle broke free and punched Jarred too.
Jarred said he took Dylan's three-year-old son into the kitchen. He thought the fight was over but a few moments later, he heard the arguing start again.
Jarred Dingwell told the court he saw Kyle go outside, then he heard a shot.
He recalled that when he got outside, Kyle was crawling into the house and their brother Dylan was carrying a gun. Jarred said they were all in shock but he called 911 and a few seconds later, Dylan called too.
When Jarred went inside, Kyle was on the kitchen floor. Jarred Dingwell testified that Dylan was saying he was sorry and that he didn't mean to shoot Kyle.
Court heard that Kyle Dingwell then told his brothers to hide a kitbag that was in his room, stuffed with marijuana.
Jarred Dingwell told the court he and his brothers usually got along well, and that Kyle and Dylan were best friends. He testified he and his brothers sold marijuana together and that Kyle usually carried bear spray in his jacket for protection.
A forensic toxicologist testified earlier on Friday that Kyle Dingwell had a number of drugs in his system when he died in January.
Testing on Dingwell's blood after he was shot revealed cocaine, morphine and marijuana. The two-millilitre blood sample was taken at the Queen Elizabeth Hospital on the day of the shooting.
Christine Dagenais, a forensic toxicologist for the RCMP crime lab in Halifax, testified Kyle Dingwell had a high level of morphine in his system and was likely under its influence.
She told the court that he may have been sedate and had mental cloudiness.
The lab was unable to determine how much of those drugs Dingwell had taken, or when, because of the small amount of blood taken.
On Thursday, Tara McLaine — Kyle Dingwell's girlfriend at the time — testified her boyfriend did use hashish but was not a regular drug user.
When questioned by defence lawyer Joel Pink, McLaine confirmed she knew her boyfriend was selling marijuana.
When the trial continues Monday, the defence will have a chance to cross-examine Jarred Dingwell on his story.