Court hears Colten Boushie's DNA was on rifle barrel found near his body on Gerald Stanley farm - Action News
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Court hears Colten Boushie's DNA was on rifle barrel found near his body on Gerald Stanley farm

The first day of testimony in the trial of Gerald Stanley, the man accused of killing Colten Boushie in August 2016, offered the first glimpse of what happened that day. It also spurred stern questions from Stanley's defence lawyer about the RCMP's investigative methods.

Boushie, 22, died after being shot on the Biggar-area farm in August 2016

Gerald Stanley arrives at the Court of Queen's Bench courthouse in Battleford, Sask., on Tuesday morning. Stanley has pleaded not guilty to second-degree murder in the 2016 death of Colten Boushie. (Guy Quenneville/CBC)

Colten Boushie's DNA was on a rifle barrel found near his body in Gerald Stanley's farmyard, a blood splatter analyst and expert witness has testified.

The detail came late Tuesday during the first day of testimonyin the trial of Stanley, who is accused of second-degree murder in Boushie'sAugust 2016 death.

Boushieand four others drove in an SUVonto the farmyard near Biggar, Sask., before the 22-year-old manwas killed by a bullet inthe head.

The RCMP analyst, Sgt. Jennifer Barnes, wrote a report on the blood splatter in the SUVseveral months after the shooting.

Barnes said her report was basedon her examination ofphotos oftheblood splatter in the grey Ford Escape. Boushie's body was ultimately found on the ground beside the SUV.

Scott Spencer, the lawyer for Gerald Stanley, leaves the Battleford, Sask., courtroom Tuesday after some aggressive questioning of RCMP members about their investigation into the death of Colten Boushie. (Jason Warick/CBC)

DNA found in blood samples swabbed inside the car matched DNA found on the rifle barrel, said Barnes.

Scott Spencer, Stanley's defence lawyer, questioned the wisdom of her not actually being at the scene.

"If you don't do an investigation, you can't form an opinion," he said.

Earlier, Spencer questioned otherRCMPinvestigative methodsand the police force'sevidence collection.

Under cross-examination, the RCMP officer in charge of forensics at the scene, Cpl. Terry Heroux,said the SUVhadnot been preserved by the RCMP.

No blood splatter analysis after shooting

Heroux added that, beyond searching the inside of the car with a pure white light and takingsome swabs, he not did order an intensive blood splatter analysisat that time.

"You're suggesting you're the identguy who does the exam of the evidence, takes a swab and you don't care what happens?" said Spencer.

"That's the process," said Heroux.

A courtroom sketch shows RCMP Cpl. Terry Heroux testifying with the help of a board showing an aerial view of the Stanley property. (Cloudesley Rook-Hobbs)

Herouxsaid he did not know where the car was taken after it left the secureRCMPexamination bay.

"Are you unaware of the obligation to provide the defence with the evidence so we can do independent testing?" asked a clearly rattled Spencer.

"We do our processes and then it's passed off to the lead investigator and the major crimes section," said Heroux.

Spencer offered only brief comments after court, saying it was good to start hearing evidence in the case.

Testimonies to be marked by 'contradictions'

In his opening argumentTuesday, Crown prosecutor Bill Burge said the three-weektrial will be marked by "contradictions" in what people saw on the farm the eveningBoushie was shot.

Stanley, 56, has pleaded not guilty to second-degree murder.

Burge said Stanley was working on a fence at his cattle farm near Biggar, Sask., when a car was heard loudly coming onto theproperty. Stanley's son, Sheldon Stanley, was also at the farm that day.

Stanley's son heard 3 gunshots, lawyer says

According to Burge's account, the car, a dirt-strewn 2003 Ford Escape SUV with a rim but no front tire, approached a truck that had been dropped off at the farm for Stanley to work on. Someone got out of the SUVand got into the truck.

The SUVthen moved farther into the farmyard. Someone got out of the car and tried to start an ATV, which spurred Sheldon Stanley to yell at the people in the SUV, the prosecutor said.

The Stanley farm was photographed by CBC in August 2017, a year after the events that led to Boushie's death. (CBC)

The SUVcollided with another vehicle on the property, said Burge.

He added that Sheldon Stanley said he heard two gunshots as he went into the farmhouse to get his own truck keys.As heleft the farmhouse, he heard another shot.

Cpl. Terry Heroux, a forensic identification specialistwith the RCMP, was the first Crown witness to testify.

Colten Boushie was killed on a farm near Biggar, Sask., in August 2016. (Facebook)

He presented crime scene photos showing Boushie's bodyface down his feet by the driver's side of the Ford Escape. The photos were taken early on the morning of Aug. 10, a day after Boushie died.

The gravel road leading to the Stanley property is shown in August 2017. (CBC)

Boushie's mother, DebbieBaptiste, left the courtroom shortly before those photos were shown.

"I pity my sister that she has to see this," said Boushie'suncle, Alvin Baptiste."Pretty graphic to see my nephew laying there and the blood splatter all over the vehicle like that."

The Crown prosecutorsaid twobullet cartridges were recovered from the yard.

A rifle barrel with five bullets in its magazine and one in its chamber was also found at the scene beside Boushie's body, Herouxtold jurors. Boushie had been shot in the head, the bullet having entered behind his left ear, according to Burge.

The jury trial is taking place at the Battleford Court of Queen's Bench courthouse. (Guy Quenneville/CBC)

Spent and live ammunition for a22-calibre rifle wasalso found in the grey Ford Escape.

In the Stanley farmyard, several spent bullet casings that were corroded were found near the deck leading into the house.

Rain during the days after Boushie'sdeath washed blood fromthe SUVdoor and ground where Boushie's body lay covered by a tarp to protect against rain, said Burge.

When asked by Burge if anything had been done to protect the SUVagainst the rain, Herouxsaid only that the scene was cordoned off.

Boushie's DNA found on gun found in home

The Crown said Boushie's DNA was found on one of at least 11firearmsrecovered from Stanley's home and property.

Two guns, including a Russian-made pistol,were found in a closet on the home's main floor, two long gunswere found in a bedroom, and seven firearms, including long gunsand pellet guns, were also found in a basement office.

Sheldon Stanley will testify later in the trial, in addition to other police officers and the four people who, alongside Boushie, drove onto the Stanley property that day,Burge said.

With files from CBC's Jason Warick