Jury finds man guilty of second degree murder

Jury finds man guilty of murder in inner city

WINNIPEG — He claimed the real killer was never caught - but a jury has ruled otherwise in finding a Winnipeg man guilty of a deadly inner-city shooting.

Cory Bushie was in tears Thursday night after being convicted of second-degree murder for the July 2007 killing of 20-year-old Aaron
Nabess in a lane behind a known crack house at 575 Magnus Ave.

Jurors heard two weeks of evidence and needed just a few hours of deliberations to reach their verdict.

Bushie now faces a mandatory sentence of life in prison with no chance of parole for at least 10 years. Queen's Bench Justice Doug Abra has the option of raising eligibility between 11 and 25 years.

All 12 jurors were polled on the parole question following their verdict, as required by law.

The results were mixed - three said Bushie should have to serve at least 25 years behind bars, which is the same penalty for first-degree murder.

One suggested it go up to 12 years, one suggested the 10 year minimum, and the other seven had no recommendation.

Sentencing will be held later this spring. Bushie remains in custody.

The case centred around two women who testified they saw Bushie pull the trigger. But defence lawyer Danny Gunn argued this week there wasn't enough evidence to convict his client and that the real killer wasn't put on trial.

"I can't tell you who did it. I wish I could," Gunn said during his
closing arguments. "But this case can't possibly be one with proof
beyond a reasonable doubt."

Gunn said there were plenty of other people with opportunity and motive to kill Nabess, a known drug dealer. Gunn suggested the eyewitness testimony from two women who say they watched Bushie shoot Nabess is flawed and may have been an attempt to cover up the truth.

However, the Crown told jurors there should be no doubt about Bushie's guilt. They noted the testimony of Marilia Martins, who broke down in tears last week while describing how Nabess and Bushie got into a dispute that ended with gunfire while she and a friend stood nearby. The four had just left the North End home, where a party was going on inside.

"Aaron told Cory 'I can get my boys' and Cory said '(Expletive) your
boys'," said Martins. "Then Cory pulled out the gun. He shot him."

Bushie guilty of second degree murder

A jury has convicted Cory Bushie of second-degree murder in the fatal shooting of another man outside an inner-city crack house.
Jurors reached their verdict at approximately 7:30 p.m. Thursday following a half day of deliberations.
Aaron Nabess was killed in July 2007 following an altercation outside a Magnus Avenue crack house.
After the verdict was delivered, Nabess’ mother broke down sobbing while on the other side of the court gallery Bushie’s mother hung her head in sorrow.
Bushie faces a mandatory sentence of life in prison. He will return to court this summer to determine when he should be eligible for parole.
Three jurors recommended he serve the maximum 25 years in prison before being eligible for parole, while seven jurors had no recommendation, one recommended 10 years and another 10-12 years.
The Crown’s case against Bushie relied on the testimony of two women who arrived at the crack house in the company of Bushie and Nabess.
One of the women testified she saw Bushie pull a gun from his pants following an argument between the two men while the other woman testified she saw Bushie shoot Nabess.
Defence lawyer Danny Gunn argued the physical evidence didn’t support the women’s version of events.
Gunn said the trajectory of the bullets was inconsistent with their claim of where the shooting took place. A blood trail started several houses away from where the woman said Nabess was shot, Gunn said.
“This can’t have occurred in the manner described,” Gunn said Monday in his closing argument. “I can’t tell you who did it,” Gunn said. “I wish I could.”
A final sentencing date will be set next month.

Guilty verdict in shooting 
HE claimed the real killer was never caught -- but a jury has ruled otherwise in finding a Winnipeg man guilty of a deadly inner-city shooting.
Cory Bushie was in tears Thursday night after being convicted of second-degree murder for the July 2007 killing of 20-year-old Aaron Nabess in a lane behind a known crack house at 575 Magnus Ave.
Jurors heard two weeks of evidence and needed just a few hours of deliberations to reach their verdict.
Bushie now faces a mandatory sentence of life in prison with no chance of parole for at least 10 years. Queen's Bench Justice Doug Abra has the option of raising eligibility between 11 and 25 years.
All 12 jurors were polled on the parole question following their verdict, as required by law.
The results were mixed. Three said Bushie should have to serve at least 25 years behind bars, which is the same penalty for first-degree murder. One suggested it go up to 12 years, one suggested the 10-year minimum, and the other seven had no recommendation.
Sentencing will be held later this spring. Bushie remains in custody.
The case centred around two women who testified they saw Bushie pull the trigger. But defence lawyer Danny Gunn argued this week there wasn't enough evidence to convict his client and that the real killer wasn't put on trial.
"I can't tell you who did it. I wish I could," Gunn said during his closing arguments. "But this case can't possibly be one with proof beyond a reasonable doubt."
Gunn said there were plenty of other people with opportunity and motive to kill Nabess, a known drug dealer. Gunn suggested the eyewitness testimony from two women who say they watched Bushie shoot Nabess is flawed and may have been an attempt to cover up the truth.
However, the Crown told jurors there should be no doubt about Bushie's guilt. They noted the testimony of Marilia Martins, who broke down in tears last week while describing how Nabess and Bushie got into a dispute that ended with gunfire while she and a friend stood nearby. The four had just left the North End home, where a party was going on inside.
"Aaron told Cory 'I can get my boys' and Cory said '(Expletive) your boys,'" said Martins. "Then Cory pulled out the gun. He shot him."

My Article:

Cory Bushie, found guilty of second degree murder, in fatal shooting
By Brittany Maria Thiessen, April 22, 2010 9:26 pm


On the evening of April 22nd, a jury reached a verdict in the murder case against Cory Owen Bushie, 30, after deliberating for only 5 hours. The found Bushie guilty of second degree murder, as charged.

The Crown`s case against Bushie, consisted of two key witnesses, who claimed they saw Bushie pull the trigger of a gun in the July 2007 killing of Aaron Nabess, 20, in the back lane of a Magnus Avenue crack house. Clearly, the jury accepted the testimony from the two witnesses.

Both women who testified, Beatrice Yellowback and Marilia Martens, had been consuming copious amounts of alcohol at a party on Pritchard Street, shortly before they arrived at the Magnus house. They were accompanied by Bushie at the party. Yellowback testified that everyone at the party appeared to be drinking. Martens told police that Bushie had been "all drunk and stupid." Martens and Yellowback testified to observing Nabess and Bushie arguing in the back lane, after Bushie had stepped in on a dispute between Nabess and Martens. Both women testified to seeing Bushie pull out a gun and shoot Nabess. Martens said, "Cory pulled out the gun. He shot him (Nabess)." Martens also said that it had been dark and she could not see the faces of either Nabess or Bushie clearly, but assumed it was them because nobody else had been in the back lane. Both women denied the suggestion to being too drunk to be able to see things clearly.

The defence, Danny Gunn, argued that their was not enough evidence to convict his client. He said there were many other people with opportunity and motive to kill Nabess, as he was a well known drug dealer in the area. Gunn claimed that the eyewitness testimony from the two women who testified to seeing Bushie shoot the gun, was flawed and might have been an attempt to cover the truth.

Second degree murder requires intent to kill. The jury also had the option of convicting Bushie of manslaughter, which is unintentional killing, most often used in cases where the accused was intoxicated or provoked.

Bushie now faces a mandatory sentence of life in prison with no parole eligibility for anywhere between 10 and 25 years, as will be decided by the Judge at a later date. The jury had a number of parole eligibility recommendations for Bushie. One juror recommended 10 years, one recommended between 10 and 12 years, three recommended 25 years and seven had no recommendations.

I thought Bushie should have been convicted of manslaughter, because I didn`t think the Crown proved intent to kill, beyond a reasonable doubt. Bushie was likely intoxicated and may have been provoked by Nabess. 

I also completely disagree with the mandatory life sentences for murder. It limits judicial discretion severely in not allowing them to consider all mitigating and aggravating circumstances. Not all murders are equal, yet they are treated like they are in sentencing. All murders and all offenders are unique and different and all have different circumstances surrounding their crimes. They should be sentenced differently. Plus, MMS causes more trials and more prison overcrowding. MMS also do not deter crime.  

Judge's charge to the jury in the Cory Bushie second degree murder trial

This morning, I attended the second degree murder trial of Cory Bushie, where the Judge was giving her charge to the jury. The jury will begin deliberations later today.

The key principles in our justice system are; innocent until proven guilty and the Crown must prove the accused's guilt beyond a reasonable doubt, in order for the jury to convict. 

The Judge reminded the jury that the charge of second degree murder, is not proof of Bushie's guilt and is not evidence whatsoever. 

The criteria that must be met in order to convict of second degree murder are; The jury must be satisfied beyond a reasonable doubt that Bushie's actions caused the death of the victim, that the death was unlawful, and Bushie's state of mind (intent to kill or cause bodily harm knowing it would likely result in death). 

It is certain that the victim was fatally shot. 

The Crown's case is based largely on the eyewitness accounts of two women, Beatrice Yellowback and Mirilia Martens, who were with Bushie on the night of the shooting. 

Yellowback testified previously that she had been at a party on Pritchard Avenue with Martens and Bushie. She admitted to drinking a significant amount of beer with Martens and noted that everyone at the party appeared to be drinking as well but she was unsure as to how much Bushie drank. The group then went to the crack house on Magnus Avenue. Yellowback got into an altercation with another woman there and was asked to leave the house. She left with Martens and Bushie and went to the back lane. The victim was also present. Yellowback said she saw Martens and the victim (Aaron Nabess) arguing and he hit Martens. Bushie stepped in and told Nabess not to hit girls. Yellowback then testified that she saw Bushie pull out what appeared to be a gun from his pants, and she heard two shots. She said it was too dark outside to clearly see the faces of what she thought, were Nabess and Bushie.  She later identified Bushie in a police photo line-up and commented, "That's Cory." She estimated that she had drank 14-20 beers that night but denied being too drunk to see things clearly. She said that nobody else besides her group, were in the back lane.

Martens was with Yellowback and Bushie. She too, was drinking at the party on Pritchard. She initially also told police that Bushie had been "all drunk and stupid." She denies saying that now and has no memory of that statement. She admitted to being drunk but also said that she knew what she was doing and what was happening around her. After being asked to leave the Magnus home, she went into the backlane. She said that Nabess put his hand on her shoulder and she pushed him away. She witnessed Bushie and Nabess arguing and then she started walking backwards away from the two until she was about 4 houses away from them. She claims that Bushie took out a gun and shot Nabess. She also indentified Bushie in a photo line-up, commenting, "He shot Nabess." 

If the jury is satisfied of the first two criterion for second degree murder, but not the third (the intent), then they must find Bushie guilty of manslaughter. Manslaughter is the unlawful killing WITHOUT intent. 

I believe that Bushie is not guilty of second degree murder, because I don't think the Crown has proven beyond a reasonable doubt, that he had the intent to kill Nabess. Bushie was likely intoxicated as well and also, may have been provoked by Nabess. I believe that Bushie did shoot Nabess unlawfully, but that he did NOT have the state of mind required to be convicted of second degree murder. I feel that he should be convicted of manslaughter for the possibility of provocation and intoxication. 

If convicted of manslaughter, I would suggest a prison sentence of between 3-5 years, simply because it was a serious crime committed. I would also suggest drug/alcohol treatment, anger management programs and employment assistance.   

Witness testimony in murder trial, doesn't match evidence: Defence

Witnesses to shooting wrong: defence

THE lawyer for a Winnipeg man on trial for a deadly shooting said there isn't enough evidence to convict his client -- despite two Crown witnesses who claim they saw him pull the trigger.

Cory Bushie has pleaded not guilty to second-degree murder for the July 2007 killing of 20-year-old Aaron Nabess in a lane behind a known crack house at 575 Magnus Ave. Jury deliberations will begin Thursday.

Defence lawyer Danny Gunn wrapped up the two-week trial Monday by telling jurors the real killer wasn't put on trial.

"I can't tell you who did it. I wish I could," said Gunn. "But this case can't possibly be one with proof beyond a reasonable doubt." He said there were plenty of other people with opportunity and motive to kill Nabess, a known drug dealer. Gunn suggested the eyewitness testimony from two women who say they watched Bushie shoot Nabess is flawed and may have been an attempt to cover up the truth.

However, the Crown told jurors there should be no doubt about Bushie's guilt.

They noted the testimony of Marilia Martins, who broke down in tears last week while describing how Nabess and Bushie got into a dispute that ended with gunfire while she and a friend stood nearby.

The four had just left the North End home, where a party was going on inside.

"Aaron told Cory 'I can get my boys' and Cory said '(Expletive) your boys'," said Martins. "Then Cory pulled out the gun. He shot him." Bushie fled, while a fatally wounded Nabess staggered away from the scene before collapsing.

She and her friend ran to another home and never called 911.

Witness testimony in shooting doesn't match evidence: defence

Jurors were urged Monday to acquit a man accused of fatally shooting another man outside an inner city crack house.

Witness testimony suggesting Cory Bushie killed 20-year-old Aaron Nabess doesn’t stand up against the physical evidence, said Bushie’s lawyer Danny Gunn.

Jurors have heard Bushie, charged with second-degree murder, and Nabess arrived at the Magnus Avenue crack house in the company of two women and spent a short time inside before moving to the back lane.

The Crown’s case relies largely on the testimony of the two women.

One of the women testified she heard the two men arguing before Bushie pulled a gun from his waistband and Nabess was shot.

A pathologist testified Nabess was shot four times.

A blood trail started several houses away from where the woman said Nabess was shot, Gunn said.

“This can’t have occurred in the manner described,” Gunn said.

Gunn said the trajectory of the bullets also does not support the women’s testimony.

“I can’t tell you who did it,” Gunn said. “I wish I could.”

Crown attorney Steve Johnston dismissed the suggestion of another shooter as “fanciful speculation that should not raise a reasonable doubt.” Jurors are expected to begin deliberations after receiving their final instructions from Justice Doug Abra on Thursday.

This suggestion put forward by defence is interesting. The Crown's case relies almost completely on two witness testimonies. Relying solely on witness testimony can lead to a wrongful conviction. Under stressful situations, witnesses may not truly see everything or what they claim to have seen. It can be dangerous to convict an individual based solely on witness identification. If I were the jurors, I would seriously consider this suggestion. Yes, the woman had no motive to lie about who she saw pull the trigger, but I have seen witnesses who are very confident in their testimonies, turn out to later be mistaken about what they claimed to have seen. 

In this case, there is physical evidence against Bushie, such as DNA, murder weapon, etc. Just two eyewitnesses. 

Personally, I still think we need to abolish the mandatory life sentence and parole eligibility for murder. Every offender and every crime are unique and different, yet we assume that by treating them all the same, by giving the same sentence, will solve everything. Unfortunately, by treating all murderers equally, leads to inequalities as mandatory minimum sentences severely limit judicial discretion in considering all circumstances of each individual case (mitigating and aggravating) and deciding upon a sanction which they feel is approproate and just. This cannot happen, if we continue to use mandatory minimum sentences. Plus, it leads to more people pleading not guilty, as they don't want to face a mandatory prison sentence. This means more trials and more clogging of the courts and more expenses.  

Witness describes shooting in second degree murder trial

Sobbing witness describes shooting

A woman broke down in tears Thursday as she described witnessing her ex-boyfriend get shot and killed outside a troubled Winnipeg home.

Marilia Martins is a key Crown witness in the second-degree murder trial against Cory Owen Bushie. He allegedly gunned down 20-year-old Aaron Nabess in July 2007 in a back lane behind a known crack house at 575 Magnus Ave.

Martins, 28, says she clearly saw Bushie pull out a gun and shoot Nabess after the two men got into a dispute while she and a friend stood a short distance away. The four had just left the North End home, where a party was going on inside.

"Aaron told Cory 'I can get my boys' and Cory said '(Expletive) your boys'," said Martins. "Then Cory pulled out the gun. He shot him."

Bushie immediately fled, while a fatally wounded Nabess staggered away from the scene before collapsing nearby.

"He fell down, holding himself on the left side. He got up and started walking away, limping," Martins told jurors. She and her friend ran to another nearby home and never called 911.

"I was freaking out. I was scared to say anything," she said. Martins was interviewed by police the next day and initially claimed to have no knowledge of the killing.

"I was scared what might happen to me and my kids," said the mother of three. But she eventually identified Bushie as the killer.

Another friend of the victim told jurors last week how Nabess was selling drugs out of the crack house. Alex Murdock said Nabess and several other people were drinking beer through the evening until he ordered Martins, her friend and Bushie to leave after he heard his new girlfriend being threatened.

He said a few minutes later Nabess went outside and a few minutes after that "I heard a big bang at the door. I opened it and I see my friend (Nabess) lying on the floor... I lifted his shirt and saw the wounds. I said, 'Oh my God, he's been shot.'" Murdock didn't actually see who pulled the trigger.

The killing capped a wave of gun violence in the neighbourhood and prompted immediate action from Winnipeg police and politicians. Mayor Sam Katz and acting police chief Menno Zacharias responded to the attacks by announcing stepped-up police patrols in the area, which some residents had started calling "Homicide Heights." Twelve extra patrol units were assigned to the area.

Bushie's trial is expected to end next week with closing arguments and jury deliberations.

I am disappointed because this article is biased towards the Crown's opinion and arguments and fails to even mention what Bushnie's defence lawyer argued or the possible inconsistencies in the witness's testimony. This will give the public the wrong perception that this man committed the act, which may or may not be true. This article also does not mention any mitigating factors or background life of the accused. 

Friend dies in the arms of a drug trafficker

Friend dies in arms of drug trafficker

A drug trafficker may have been panicking while his buddy lay in his arms breathing his last after being shot, but he still had the presence of mind to tell another to hide the drug profits in a freezer before police came.

During questioning by defence counsel Danny Gunn on Friday, witness Alex Murdock admitted that's what happens when you're working in a crack house on Magnus Avenue employed by a gang connected to the Hells Angels -- you had to think about hiding money brought in through the sale of street drugs.

"You're holding your friend who is dying and you think 'Oh my God, the cops will be here and I've got all this money -- I have to take it to Andrews (Street, another drug house),'" Gunn said, to which Murdock said, "Yes."

"If you don't get that money in, you could be next," Gunn added, to which Murdock replied, "Correct."

But Murdock said when the woman he told to take the money to the house on Andrews was too frightened to do that, he told her to stash it in the freezer.

Murdock was testifying in the trial of Cody Owen Bushie, 29, who has pleaded not guilty to second-degree murder.

Aaron Nabess, 20, died after being shot in a back lane after leaving a known crack house at 575 Magnus Ave., on July 12, 2007.

Earlier, Murdock told the seven-man, five-woman Court of Queen's Bench jury Nabess also sold drugs out of the crack house.

Murdock said Nabess and several other people were drinking beer through the evening until he ordered two women and a man to leave after he heard his girlfriend being threatened.

He said a few minutes later Nabess went outside and a few minutes after that "I heard a big bang at the door. I opened it and I see my friend (Nabess) lying on the floor... I lifted his shirt and saw the wounds. I said, 'Oh my God, he's been shot.'"

The trial continues.

Jury hearing trial of a killing near a drug house

Jury hearing case of killing near drug house

Jurors have begun hearing evidence in the trial of a man accused of killing another man outside a Magnus Avenue crack house.

Cory Owen Bushie, 30, has pleaded not guilty to second-degree murder in the July 2007 shooting death of 20-year-old Aaron James Nabess.

Prosecutors argue Bushie and Nabess arrived at the crack house in the company of two women and spent a short time inside before moving to the back lane. A witness is expected to testify she saw Bushie pull a gun from his waistband before Nabess was shot.

Police arrived a short time later and arrested Bushie at the scene.

Jurors hear evidence in Winnipeg murder trial

Jurors hear evidence in murder trial

Jurors have begun hearing evidence in the trial of a man accused of killing another man outside a Magnus Avenue crack house.

Cory Owen Bushie, 30, has pleaded not guilty to second-degree murder in the July 2007 shooting death of 20-year-old Aaron James Nabess.

Prosecutors argue Bushie and Nabess arrived at the crack house in the company of two women and spent a short time inside before moving to the back lane. A witness is expected to testify she saw Bushie pull a gun from his waistband before Nabess was shot.

Police arrived a short time later and arrested Bushie at the scene.

So.. what's the argument that the Defence put forward?? It annoys me how many news outlets, simply list what the Crown argues, but not the Defence! There are two (or more) sides to every story, and their side is not being heard or being given proper coverage, unfortunately, which can lead to the public's distorted perception of crime. 

Two key witnesses to testify

JURORS were told Tuesday that two women will describe a killing that capped a wave of violence and prompted immediate action from Winnipeg police and politicians.
Cody Owen Bushie, 29, has pleaded not guilty to second-degree murder in the July 2007 shooting death of Aaron Nabess, 20.
Crown attorney Steve Johnson told jurors Tuesday the case is "straightforward" and will include testimony from two key witnesses who saw Bushie pull the gun from his pants moments before the deadly attack.
Bushie, Nabess and two women had been together earlier that night, socializing inside a notorious "crackhouse" at 575 Magnus Ave., court was told. The group left the home and were standing in the back lane when the shooting happened.
The Crown didn't provide any motive for the attack, but that isn't needed to secure a conviction. One of the witnesses is Nabess's former girlfriend and the other is her friend.
The Nabess killing came after two other unrelated neighbourhood shootings in a 24-hour span. An 18-year-old man was critically wounded after being shot on Magnus Avenue, just a block away from where Nabess died. A 27-year-old man escaped serious injury after being hit with gunfire hours later on Alfred Avenue.
Mayor Sam Katz and acting police chief Menno Zacharias responded to the attacks by announcing stepped-up police patrols in the area, which some residents had started calling "Homicide Heights."
Twelve extra patrol units were assigned to the area.

Appeal court halves sentence
THE Manitoba Court of Appeal has slashed a prison sentence in half for a man who robbed the same Winnipeg gas station employee three times in as many weeks.
Troy Draper, 26, learned this week he will only have to do three years behind bars, instead of the original six-year penalty he was given last year.

Justice Freda Steel said the lower court sentencing judge failed to properly consider several key issues, including Draper's addiction to crack cocaine, lack of a prior criminal record and the fact he suffers from fetal alcohol spectrum disorder.
"The sentencing judge significantly underemphasized the mitigating factors and the role of rehabilitation in this case," Steel wrote in her decision.

Draper pleaded guilty to four armed robberies, including three against the same Domo gas station victim. The other hold-up was at the Royal Canadian Legion. Draper was out on bail at the time of the April and May 2008 incidents for a theft charge, court was told. He wore a mask in all four cases, and was armed with a knife during one.
Draper filed an appeal of his lengthy prison sentence, claiming it was "unfit, harsh and excessive."
The Crown argued no mistakes were made, especially given how much he traumatized the one victim who was targeted three times.
"While it is true that denunciation and deterrence are key sentencing principles in cases involving robberies, that has to be weighed against the importance of rehabilitation of first offenders," said Steel.
Draper claimed he committed the robberies to get money to feed his untreated drug habit.

As I said previously, I completely with the Court of Appeal Judge's decision in halfing this man's sentence! In my opinion, even 3 years is too harsh, but it's better than 6 years! This man has no prior criminal record, an untreated cocaine addiction and FAS, all of which are mitigating factors that can be rehabilitated. After release from prison, this man should be required to participate in drug treatment counseling and counseling/treatment for his FAS. If unemployed, he should also be counseled on how and where to find employment, so he can support himself.