Judge rejects accidental shooting defence in Poundmaker Cree Nation murder case

The defence argued there were other possible explanations for the shooting, including that Checkosis may have been the shooter or that the gun accidentally discharged after the truck hit a bump.

But Wempe rejected those theories.

“I find that none of the alternate theories are reasonable in circumstances,” she said. “They’re speculative and inconsistent with much of the evidence, and the human experience and common sense.”

The judge said forensic evidence showed the rifle was touching the back of Bearsears’ head when it fired. She also pointed to the DNA findings.

“It was only Craig Fox’s DNA on the murder weapon,” she said, adding that “only Craig Fox’s fingerprints were located on the passenger side area of the truck.”

Court also heard Bearsears had previously dated Fox’s sister and was accused in 2022 of sexually assaulting Fox’s niece. Bearsears denied the allegation and had pleaded not guilty, with a preliminary hearing scheduled for January 2024.

Wempe said Fox became aware of the allegation weeks before the killing and that he and other family members developed hostility toward Bearsears.

“The evidence of Craig Fox’s motive here is relevant to whether he was the shooter and his state of mind this time,” Wempe said.

After abandoning the truck, Fox and Checkosis walked to the nearby home of Fox’s cousin, where court heard Fox appeared intoxicated, aggressive and unable to stand still.

According to the judge’s summary of the evidence, Fox repeatedly told his cousin, “I bodied the skinner,” which was interpreted as an admission to killing someone accused of harming children.

Wempe said the term “skinner” was slang for a child molester and directly connected to the allegations involving Bearsears.

“If Craig Fox had no intention to kill Lee Bearsears, he would not be bragging that he bodied the skinner to his cousin,” Wempe said.

Although Fox was originally charged with second-degree murder, the trial ultimately focused on whether the Crown had proven the killing was intentional or amounted to the lesser offence of manslaughter.

A sentencing hearing was scheduled for July 29. The court ordered a pre-sentence report ahead of that appearance.

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cjnbnews@pattisonmedia.com

by Kenneth Cheung

Judge rejects accidental shooting defence in Poundmaker Cree Nation murder case

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