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In his closing argument at the first-degree murder trial that began a month ago in Cayuga, Ont., Crown prosecutor Fraser McCracken said Randall McKenzie shot Const. Greg Pierzchala and Brandi Stewart-Sperry helped him do it.
Closing arguments in murder trial of Randall McKenzie, Brandi Stewart-Sperry began Tuesday
Justin Chandler · CBC News
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Nearly a month after the start of the trialinto the killing of an Ontario Provincial Police constable,the Crown began its closing arguments, arguing Tuesday that Randall McKenzie shot and killedGreg Pierzchala and Brandi Stewart-Sperry helped him do it.
McKenzie and Stewart-Sperry have pleaded not guilty to first-degree murderin the December 2022 shooting death of Pierzchala, 28. Their Superior Court trial in Cayugabegan in late March and heard from witnesses including experts in forensics, people on the scene before and during the alleged crime, and those who saw the co-accused after the shooting.
"They supported each other" during the alleged crime, Crown lawyer Fraser McCracken said, calling it a "joint effort."
McCracken presented a narrative in which, after a string of thefts, including of a Nissan Armada in Hamilton, the co-accused found themselves stuck in a ditch in a stolen SUV near Hagersville.When a young police officer arrived on the scene, they could either surrender or "eliminate the threat," he said.
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Officer heard screaming in bodycam footage
Stewart-Sperry has admitted to being at the scene of the shootingand being the woman shown in video captured by Pierzchala's bodycam. McKenzie has not admitted to being the shooterwho was seen in the video firing six shots at Pierzchala. The officer is alsoheard screaming in the footage.
McCracken spent a significant portion of his 90-minute closing argument making the case McKenzie is that shooter. He referred to image analysis comparing their faces, similarities between clothing worn by the shooter and McKenzie when he was arrested hours later, witness testimony and DNA evidence linking McKenzie to the stolen vehicle and handgun he said the shooter used.
McKenzie's lawyer, Douglas Holt,used his closing argument to poke holes in that narrative and argue the jury should have reasonable doubt that McKenzie shot Pierzchala.
He pointed to several parts of the Crown's case and argued they weren't as solid as presented. For instance, he said, the shooter left a pair of pants with McKenzie's DNA on them in the stolen car.
Defence raises questions about shooter'sidentity
"If Randall McKenzie was the shooter, why wouldn't he take his pants with him?" Holt asked the jury.
He also argued witnesses said the shooter wore a black jacket, but not a black jacket with a red lining like McKenzie had on when he was arrested. He said they incorrectly described his client's face tattoos — markings he said are not visible in the bodycam footage.
Meanwhile, McCracken said, the bodycam video was compressed and some fine details were likely lost. He also said the shooter's hood and hat could have obscured the tattoos.
As for the evidence that McKenzie's DNA was on the gun that shot Pierzchala, Holtargued there is "no evidence he was in exclusive access and control of that firearm" and someone else could have used it.
"There's an inference — a reasonable inference — that Randall and the shooter are not one and the same," he said.
The jury has heard McKenzie texted people about "shooting out with the cops," but Holt said it's hard to understand the intent of those statements, since tone doesn't translate over text.
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Stewart-Sperry's lawyer to speak Wednesday
On Wednesday, Stewart-Sperry's lawyer, Scott Reid, is expected to present closing arguments.
McCracken argued she was a willing participant in the shooting, she helped McKenzie in the act by making it hard for Pierzchala to see him and she tried to cover up the crime, including by attempting to hide the getaway vehicle.
"Their shared plan, the teamwork, and now, the accountability," McCracken said.
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Early in the trial, Stewart-Sperry's lawyer asked witnesses whether she seemed intoxicated prior to the shooting. Many agreed she did.
McCracken said her actions after the shooting show she knew what she was doing.
"It's logical, goal-oriented behaviour," he said.
ABOUT THE AUTHOR
Justin Chandler
Reporter
Justin Chandler is a CBC News reporter in Hamilton. He has a special interest in how public policy affects people, and he loves a quirky human-interest story. Justin covered current affairs in Hamilton and Niagara for TVO, and has worked on a variety of CBC teams and programs, including As It Happens, Day 6 and CBC Music. He co-hosted Radio Free Krypton on Met Radio. You can email story ideas to justin.chandler(at)cbc(dot)ca.
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