Kelowna

Photo: Kelly Hayes

Evan Wilkes' father Shawn Wilkes was in attendance during Tuesday's court proceedings. (file photo: 2008)

Trevor Shannon wanted to prove he was not someone to trifle with, according to Crown Council Duncan Campbell.

Both Campbell and Defence Lawyer Brent Bagnall submitted their closing arguments in the Trevor Shannon second degree murder trial, on Tuesday.

Crown is attempting to prove that Shannon intentionally shot Evan Wilkes, in the head, in 2007 during a grad party. Campbell told the jury, Shannon was humiliated by Wilkes, who didn't believe the gun was real and wasn't scared of the weapon. Shannon pulled out the gun pointed at Wilkes' head 'execution' style and pulled the trigger, in attempt to prove 'you don't mess with the big boys', Campbell explained to the jury of 11.

Defence lawyer Bagnall, claims that Shannon didn't mean to shoot Wilkes, but instead pulled out the gun as a pre-emptive strike, when he saw bear spray being passed around among Wilkes' friends.

Bagnall says Shannon reacted to the situation, and meant to hit Wilkes in the head with the gun, but not to shoot him.  In previous testimony Shannon stated he didn't think his finger was on the trigger and he didn't think the gun would go off, he thought Wilkes would be fine.

An expert witnesses testified the bullet did not go through Wilkes' skull, and was not found in the vicinity of Wilkes. Bagnall suggests the bullet when up high, which would be inconsistent with Crown's argument that Shannon pressed the gun to Wilkes head.

Campbell disagrees, saying why would Shannon hold the gun by the barrel and not like a club if he just meant to hit Wilkes. Campbell also asks the jury to question why Shannon didn't check on Wilkes after the gun went off, if he didn't mean to shoot him. Instead a witnesses claimed Shannon, who appeared in shock, ran away. Witness Taylor Henderson told the court that he chased after Shannon, but turned back after Shannon waved the gun at him and a friend.

However Bagnall says Henderson's testimony along with several other witnesses contains discrepancies, due to their state of sobriety, biases, and taint, all notions the jury should consider when deliberating.

Witness Curtis Blanchette, told police he lied during his testimony in the previous trial, saying there was no bear spray at the party, when actually he did have bear spray the night of the party.

Campbell asked the jury that although there may have been discrepancies on how people got to the party or where they were standing when the shooting occurred, wouldn't anyone remember what happened when their friend was fatally shot in the head?

Campbell also told the jury to consider why this 22-year-old had a gun at a high school party, and was waving it around at an 18-year-old boy. The defence stated that although the jury may not agree with Shannon carrying the gun if the accused didn't have the weapon, he wouldn't have broken up an earlier argument in the kitchen and someone could have been stabbed.

The Crown believes it was the incident in the kitchen, where Shannon's friends were confronted with knives by obnoxious younger teen Parker Burrows, that led to the accused getting 'hopped up' and proving himself by shooting Wilkes.

The jury was reminded that despite what either council had stated in closing arguments, they were to use their own recollection of witness testimony when coming to a verdict.

On Wednesday morning, the jury will listen to specific instructions from the Supreme Court Judge before being sequestered for a verdict.

A verdict could be announced as early as Wednesday afternoon.