Defence, Crown finish closing arguments in trial of Devin Morningstar
Jurors told to bring an overnight bag to court Wednesday
Devin Morningstar's lawyer, Bob Rideout told the jury in his closing argumnent Tueday it's possible that his client was set up as a fall guy for the murder of Baylee Wylie.
Rideout suggested Morningstar was a victim of a conspiracy, set up by Tyler Noel and Marissa Shephard, two others accused of murder and arson.
Rideout said the only thing Morningstar is guilty of is assault, and selling marijuana adding, the government is going into that business now, so he didn't know if that could be held against him.
When accounting for a cut on Morningstar's hand, Rideout said Shephard stabbed the accused on purpose. Rideout surmised Shephard and Noel wanted Morningstar's blood at the murder scene, mixed with the victims, to implicate Morningstar in the murder.
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Rideout said the theme throughout the Crown's case was that it couldn't prove anything beyond a reasonable doubt.
But the Crown painted a different scene.
"It's my submission the accused is guilty on both accounts," prosecutor Stephen Holt told the jury.
Holt, delivering the final remarks for the Crown said Morningstar helped hold Wylie down while others stabbed him.
He noted Morningstar told police he stabbed Wylie three times in the neck, and that Morningstar's DNA was found on a blue-handled MasterCraft knife.
The accused also "admits he struck the victim in the head with a curtain rod," said Holt, adding the nature of the rod made it dangerous.
"You extend it and swing it, it would be a pretty good weapon," he said.
The court heard gruesome testimony from Morningstar, 19, about what happened the day Wylie died in December 2015.
Wylie, 18, was bound in plastic wrap, severely beaten while tied to a chair, and stabbed more than 100 times. His body was found in the burnt out triplex on Sumac Street in Moncton.
While the Crown spent more than a week presenting its case, the defence decided not to enter any evidence.
Morningstar is one of three people charged with first-degree murder and arson in connection with Wylie's death.
Noel, 19, will be in court in October 2017 to stand trial, while Marissa Shephard, 20,will be in court in May for a preliminary hearing.
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With files from Tori Weldon