New Brunswick

Jury deliberations begin in first-degree murder trial of Devin Morningstar

A jury of seven women and five men in Devin Morningstar's first-degree murder and arson trial began deliberations Wednesday and will be sequestered until there is a verdict.

'As human beings you've seen things that are hard to process,' judge tells jury

A young man scowling while wearing a backward ballcap.
The fate of Devin Morningstar, 19, charged with first-degree murder in the death of Baylee Wylie, 18, in Moncton, is now in the hands of the jury. (Facebook)

A jury of seven women and five men in Devin Morningstar's first-degree murder and arson trial began deliberations Wednesday and will be sequestered until there is a verdict.

Judge John Walsh told the jury that Morningstar can be found guilty or not guilty of murder. If found guilty, the jury must decide whether he is guilty of first-degree murder, second degree murder or manslaughter. On the charge of arson with disregard for human life, he is either guilty or not guilty, the judge said.

Morningstar is accused of murdering Baylee Wylie before setting the Sumac Street triplex where Wylie's body was found on fire. Families lived in each of the adjoining units, Ashley Katzel-Leblanc and her four children were on one side of the triplex, and Helen Patria Many and her two children lived on the other side. Both women were called as witnesses during the four-week trial.

In his instructions to the jury, Walsh reviewed different pieces of evidence like a box cutter, bloody plastic wrap, a screwdriver, a curtain rod and a blue-handled MasterCraft knife.

Testimony from experts

Walsh also reminded the jury of expert testimony from a pathologist, a DNA expert and a division fire chief who investigated the fires.

"As human beings you've seen things that are hard to process," the judge told jurors.

Testimony from neighbours and arresting officers and video statements from Morningstar himself were also recalled. Walsh recounted statements made in the witness box by Claude LeBlanc, a friend of Morningstar's who drove him, with Marissa Shephard and Tyler Noel, to Morningstar's apartment the morning of Dec 17, 2015. As well as Damien Pelletier, the final witness in the Crown's case, who testified he had sold a gun to Noel for cocaine and cash.

Defence calls it a setup

In the defence's closing arguments presented Tuesday, Morningstar's lawyer, Bob Rideout, said the accused was set up as a fall guy.

The Crown saw things differently.

Prosecutor Stephen Holt argued that Morningstar admitted to police to stabbing Wylie three times and was aware of the fire.

"It's my submission the accused is guilty on both accounts," Holt told the jury.

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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