Killer loses appeal
Trevor Shannon has lost the appeal of his second degree murder conviction in the April 7, 2007 slaying of Evan Wilkes.
Shannon shot and killed Wilkes at a house party on Vimy Road in Kelowna.
Shannon, who was sentenced to life in prison with no eligibility of parole for 10 years, back in June of 2012, had appealed that conviction to the BC Court of Appeal.
The court dismissed the appeal in a decision announced Thursday.
Shannon had alleged he attempted to club the victim with a handgun in response to hostility and a threat to his own safety he was facing at the party when the gun accidentally went off.
Wilkes was fatally killed with a single gunshot wound to the head.
He submitted that the judge erred in his charge to the jury by failing to instruct the jury on self defence under the s. 34(2) of the Criminal Code by failing to put to the jury the defence of intoxication, and by instructing the jury erroneously about what was the unlawful act that could lead to a finding of culpable homicide as a component or a murder conviction.
The court dismissed the appeal on all grounds.
In its ruling, the BC Court of Appeal stated:
"The evidence did not suffice to require an instruction under s. 34(2). In fact, counsel for the accused disclaimed any wish to have that defence put to the jury at trial. There was no air of reality requiring the judge to instruct on an intoxication defence. Regarding the instruction about the unlawful act of firing the gun, the judge clearly put to the jury the possibility of accident which would result in a verdict of manslaughter. The jury would not have been left in any confusion about the verdicts open to them."
This was the second time Shannon had appealed his conviction.
Originally found guilty of second degree murder in 2008 he appealed then that the judge didn't properly clarify a question from the jury about the intent required for a second-degree murder conviction.
The three-member panel ruled that Shannon's conviction should be set aside to make way for a new trial on the same charge.
He was found guilty again during the second trial.
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