By paNOW

Bird found not guilty on all counts in murder trial

Jun 21, 2013 | 4:14 AM

Spencer Dean Bird was found not guilty of all charges in relation to the death of Virgil Pelletier at the Court of Queen’s Bench Friday morning.

Judge A.R. Rothery decided, after hearing all witness testimony, that Bird was not guilty of all charges including second-degree murder, being a party to a crime and break and enter.

Bird lowered his head as Rothery said she felt the Crown had failed to prove beyond a reasonable doubt that Bird had assisted Cheyenne Pechawis, who pleaded guilty to killing Pelletier, of entering victim Virgil Pelletier’s sister Joan Pelletier’s home with the intent of killing Virgil Pelletier.

She reminded the court how the testimony of Joan Pelletier had seemed inconsistent with the Crown’s other witness and killer Cheyenne Pelletier.

She also mentioned how Joyce Sayese, Bird’s ex-wife, had told of how Joan Pelletier socialized at least three or four times with Bird in February and March 2010 before the murder of Virgil Pelletier, despite Joan Pelletier’s testimony that she had never met Bird.

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Rothery said this lead her to believe that either Joan Pelletier was lying or was extremely confused when she gave her testimony and that had put doubt in her mind that Pelletier’s statement was credible.

“I think the key evidence that resulted in the acquittal of Mr. Bird was part of the crown’s case, was the evidence of Cheyenne Pechawis,” said defense counsel Brent Little. “I believe Ms. Sayese, the ex-wife, was simply there to discredit Joan Pelletier to some degree.”

Bird was arrested and charged with for second-degree murder in early April 2010, when police discovered the body of Virgil Pelletier, shot to death, in his sister’s home in Prince Albert.

The Crown had attempted to pursue manslaughter stating that Bird should have known that when Pechawis had asked him to come along to Pelletier’s home in the early morning of April 8, that Pechawis had intended bodily harm against Pelletier.

Numerous witnesses testified, including Pechawis and Bird, that Bird had only come along to play as a mediator in assisting putting an end to a long standing dispute between Pechawis and Pelletier.

Evidence also showed that Bird did not have a weapon that night, and that he had stipulated he would only come along if there was no violence involved.

Pechawis stated he had hidden a rifle under his hoodie without Bird knowing.

Bird has been in custody for over three years now, since his arrest in April 2010.

He would not comment on the verdict as he left Court of Queen’s Bench.

jbowler@panow.com

On Twitter: @journalistjim