911 calls released in Dingwell murder trial

The trial of Charlottetown's Dylan Dingwell, charged with the second-degree murder of his older brother Kyle, heard testimony from a man on the phone with the victim minutes before he was shot.

Warning: the audio contains profanity and may be disturbing for some listeners

A lawyer for CBC argued for the release of 911 tapes at the trial of Charlottetown's Dylan Dingwell Wednesday, who is charged with the second-degree murder of his older brother Kyle.

911 calls

There were three 911 calls the day Kyle Dingwell was shot. Warning: these calls contain disturbing content.

Call #1

Call #2

Call #3

Justice John Mitchell released the calls from 911 that have been admitted as evidence, but has not yet decided whether to release police video of the crime scene or any other videos.

David Coles, lawyer for CBC and The Guardian argued before Justice John Mitchell that the media should be allowed to copy and broadcast those tapes as well as any other audio and video that may be admitted as evidence throughout the trial.

"I think it's more than just in the public interest, I think it's essential. Our courts are open. And long ago, the Supreme Court of Canada recognized that look, everybody can't attend, and the media serves a surrogate role so ppl can understand what went on at a trial," said CBC lawyer David Coles.

Callers were not identified in the tapes.

Early in the trial Wednesday, the court heard testimony from a man who was texting with the victim minutes before he was shot.

Jason Yeo testified he was texting back and forth with Kyle Dingwell Jan. 17, about 20 minutes before Dingwell was shot.  Yeo was on a bus in Vancouver at the time.

Referring to phone records, Yeo told the court Kyle texted him that he'd punched Dylan in front of Dylan's son, and that he had also hit his other brother Jarrod and was "flipping."

Yeo told the court, he thought Kyle Dingwell must've been "whacked out on drugs," because he never touched his youngest brother and he wouldn't normally hit his brother Dylan in front of his son.

Drug problem

Yeo told the court Kyle Dingwell had a severe drug abuse problem, doing a variety of prescription and street drugs on a daily basis. Yeo also said Kyle had a reputation as a fighter, and for carrying and using bear spray on people he beat up.

Three weeks before the shooting, Yeo testified, he had seen Kyle Dingwell carrying a gun.

Dylan Dingwell's lawyers argue some of the cell phones were seized and searched improperly, and the messages have nothing to do with the murder charge.

Crown attorney Cindy Wedge told Justice John Mitchell that she intends to prove the two Dingwell brothers were in the drug trade together, as equal partners.

She said the texts will help explain their relationship, and the hours leading up to the shooting.

Wedge said the Crown believes Kyle Dingwell was in a hurry to deliver $3,000 for a drug deal that morning, and was impatient that Dylan Dingwell was taking too long to get ready.

Mitchell hasn't decided yet whether to allow the text messages to and from the Dingwell brothers' phones as evidence.

The lawyers are referring to a transcript of some of the texts to help the judge decide.

Mitchell said Thursday afternoon he'll have a decision later.