3rd murder trial of Peter Khill in shooting death of Jon Styres began Monday in Hamilton
CBC
When Peter Khill awoke to the sound of banging outside his home at about 3 a.m. on Feb. 4, 2016, Crown prosecutor Sean Doherty said on Monday, "He went and got his shotgun, not his phone to call 911."
The third trial of Peter Khill began Monday in Hamilton. He's accused of murder in the 2016 shooting death of Jon Styres, a 29-year-old man from Six Nations of the Grand River. Khill was found not guilty of second-degree murder following a 12-day trial in June 2018. After an appeal, the Supreme Court of Canada, last October, ordered a new trial. That second trial began last Tuesday, but ended in a mistrial a day later after a juror was dismissed over a conflict of interest and another left for a family emergency.
Doherty told the Ontario Superior Court on Monday that "Jonathan Styres lost his life at the hands of Peter Khill over a pickup truck — an old pickup truck. Peter Khill's old pick up truck. Now, it is true that Mr. Styres was trying to steal that truck. He was wrong to do that, no question. But it is our position, that provided no justification for Mr. Khill to shoot and kill him."
The crown presented evidence that Styres used a screwdriver to "punch" the passenger side lock on the truck. DNA found on three screwdrivers near the passenger's door matched Styres. Photos taken of the crime scene showed the centre console of the truck was ajar, and $47.31 in loonies, toonies and small change was scattered around the open passenger side door.
Doherty said Melinda Benko, Khill's partner, woke up to the sound of banging and woke Khill up. Doherty said Khill saw the lights on inside his truck and went to confront Styres.
"Moments later, Styres was dead, laying on his back in mud in Khill's driveway," he said.
Police were called after Styres was shot, the court heard.
Doherty called Const. Jeffery Hahn, the responding officer on the night of the shooting, as a witness.
Hahn described Khill's yard as "Very, very, very dark," with only a small amount of light coming from the front porch.
In the 911 call, Hahn arrives first on the scene.
"Police, where's the gun?" Hahn asks in the recording.
Khill responds saying it is in the back hallway of his house.
"Police. Where's the guy?" Hahn asks.
Khill shows the officer where Styres is laying and says, "He's got no pulse."
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