Contact gunshot to back of head caused Lee Bearsears’ death, court hears

“It was just a devastating injury,” Ladham said.

He added no other injuries contributed to the death.

Bearsears’ body was found Oct. 16, 2023, in a rural area on Poundmaker Cree Nation, about 60 kilometres west of North Battleford. RCMP said at the time the death was considered suspicious.

Court heard earlier in the trial that Bearsears, Fox and witness Preston Checkosis were in a truck when the incident occurred.

In closing submissions, Crown prosecutor Oryn Holm argued the medical findings support the Crown’s theory that Bearsears was shot from behind at close range while inside the vehicle.

Holm acknowledged parts of the case are circumstantial but argued the evidence, taken together, points to one reasonable conclusion.

“We do suggest the proper consideration of the evidence supports that the accused intentionally shot Lee Bearsears, and that is the only reasonable conclusion available.”

Holm also pointed to events following the shooting, including evidence the truck was later abandoned at a dump in Little Pine First Nation. Court heard Fox and Preston Checkosis then walked across an open field to a nearby residence, and the gun was later found close to the Fox home.

The Crown argued Fox had animosity toward Bearsears, pointing to a statement in which Fox allegedly referred to the victim as a ‘skinner’ — a derogatory term for someone believed to molest children.

Defence lawyer Brent Little told court the Crown has not proven beyond a reasonable doubt that Fox fired the gun.

Little argued forensic evidence does not establish when or how Fox handled the firearm.

“DNA tells us we touch something. Doesn’t tell us when, doesn’t tell us how we touch something,” he said.

He challenged the reliability of witness Preston Checkosis, arguing his testimony should be treated cautiously because of heavy intoxication at the time of the incident and inconsistencies in his recollection of events.

“It’s dangerous to trust that memory, because it doesn’t get better over time. And he agreed at one point that he was filling the blanks.”

Checkosis was initially charged with one count of accessory after the fact to murder. He was in jail after the incident in an unrelated matter and knew he had “a lot on the line,” which the defence argued gave him a motive to minimize his own involvement.

“I don’t think you could reject the reasonable alternative that Mr. Checkosis was the shooter,” Little told the court.

Little also pointed to contradictions between witnesses about who was present in the truck at the time of the shooting. The defence argued the possibility of an accidental discharge had not been ruled out.

“We know that an accidental discharge is possible,” Little said.

Justice Rochelle Wempe reserved her decision after hearing closing arguments, saying she will review the testimony and evidence before reaching a verdict.

The case was adjourned until May 25, when the court is expected to deliver its ruling.

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cjnbnews@pattisonmedia.com

by battlefordsNOW Staff

Contact gunshot to back of head caused Lee Bearsears’ death, court hears

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