Byron Bear death case concludes with acquittal of key suspect, Crown appeal uncertain

Following the death of Byron Bear on Dec. 6, 2021, Oliver was one of five men charged and the trial wrapped up last November.

In the early morning hours when the shooting happened, he along with four other men all gathered at a Midtown area home and were expecting the arrival of some people who were coming to cause trouble over a $1,300 drug debt Oliver owed.

Byron Bear and another man arrived in a white car, and soon after, Bear was observed on the home’s security camera smashing out the back window of the Black Mercedes that was parked in the driveway. Bear then proceeded to dump gasoline into the car.

That’s when the men inside the house, having armed themselves with a pair of rifles and a handgun, began firing shots from the back doorway of the home.

During both Oliver’s trial and a previous trial for Kyle Burns, a number of witnesses testified that Oliver was holding a 30/30 rifle with a sawed-off stock and fired multiple shots. After Bear dropped to the ground, someone was allegedly overheard saying, “I got him.”

A police car sits parked outside the house on 9th Street. (Nigel Maxwell/paNOW Staff)

The man who arrived with Bear drove away, and Bear’s lifeless body was found lying in the driveway and was loaded into the back of the Mercedes.

Noting a number of images captured by the doorbell camera that helped identify who came to the house and when they arrived, Justice Macmillan-Brown also noted the images failed to show what had occurred between the arrival of Bear and the shooting.

“A chaotic series of events taking place over a span of just four minutes,” she said.

Witnesses testified that after first driving to another house in the city, Oliver, Raine Farrow, and Jackson Henry drove to Saskatoon and dumped the body in a rural location outside Rosthern. It was allegedly Oliver’s idea to go to Saskatoon because his family lived there.

After travelling to Saskatoon and stopping briefly at a store to buy some duct tape to fix the car’s broken window, the trio drove to a house on seventh street and left the car parked on the street. The car was later reported to and impounded by Saskatoon police, where they discovered a pool of blood in the trunk and a powerful smell of gasoline.

Oliver and Jackson Henry, who gave themselves haircuts, later took a taxi back to Prince Albert.

Bear was reported missing on Dec. 6, and it would be roughly two months before his body was found.

A view of the blood stains in the driveway. (Nigel Maxwell/paNOW Staff)

Also charged in the case was Raine Farrow, who lived at the house where the shooting occurred and whose involvement consisted of supplying one of the guns, driving the car to Saskatoon, and disposing of the body. He did not take part in the actual shooting and was also the one who told police where they could find the body. He received a two-year sentence for manslaughter and accessory after the fact.

“Initially, Raine’s evidence on cross-examination mirrored his direct examination, however, he quickly went off the rails, and his credibility and reliability took a severe blow,” she said.

MacMillan-Brown noted examples where Farrow had either changed his story or admitted to lying on the stand.

“He attempted to justify this lie by saying he was scared to tell the truth and was trying to protect himself.”

Jackson Henry, who followed orders to dispose of the guns and then rode in the car to Saskatoon, received a 17-month sentence for accessory after the fact. He was not present when the Bear’s body was loaded into the back of the Mercedes and claimed to have no knowledge of the body being in the trunk when he joined the others for a ride to Saskatoon. He was also the one who bought the duct tape for the broken window.

Admitting to approaching Jackson’s testimony with caution, MacMillan-Brown said she found his testimony and evidence to be both credible and reliable, notwithstanding the fact that he was high on cocaine when it happened. His initial reason for going to the house in Midtown was to buy drugs.

“In my view, the most important piece of evidence elicited from Jackson was that although he saw Daniel with the 30/30 and saw Daniel at the door when the shooting was occurring, he did not actually see Daniel shoot the 30/30 or any other firearm,” he said.

Riley Primeau. (Nigel Maxwell/paNOW Staff)

Riley Primeau had been the one holding the handgun and fired 8-9 shots at a 45-degree angle. He was also the one who instructed the body to be loaded into the back of the car. Primeau was sentenced over a year ago and received an eight-year prison term for manslaughter.

MacMillan-Brown noted the defence raised a number of inconsistencies with respect to Riley’s testimony and suggested he lacked credibility.

“I echo these concerns,” she said, citing gaps in memory.

Kyle Burns, who lived at the house with his brother Raine and was reportedly holding a 303 rifle, a weapon he kept by the couch, was also acquitted of both second-degree murder and manslaughter. There was no evidence to suggest he ever fired a shot.

MacMillan-Brown noted that Kyle appeared to be a credible witness and provided thoughtful evidence, and answered questions directly.

“To say that Kyle’s credibility disintegrated on cross-examination would be an understatement,” she said, adding the sheer volume of lies and contradictions puts the entirety of the evidence into question.

One of those lies was that Burns had initially told police he was sleeping on the couch and was awakened by gunshots, only to concede later that he actually witnessed the shooting.

Crown Prosecutor Shawn Blackman was uncertain at this stage he would appeal the verdict and in a statement provided to paNOW, explained in this particular case the only real issues that were left open to factual determination related to what happened inside the residence during the brief time period immediately surrounding when Byron Bear was shot, and more specifically who did what.

“The Honourable Court identified significant concerns with the credibility and reliability of four of the five civilian witnesses who were not only the lone occupants of the residence from which the shot that killed Byron rang out, but were also each accused in their own right and subject to their own proceedings. That being said, it is a detailed and lengthy written judgment of which the Crown will review thoroughly prior to making any further decision.”

Shirly Bear, Byron’s mother, appeared by phone for Thursday’s hearing and was overheard crying as the verdict was read.

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nigel.maxwell@pattisonmedia.com

On X: @nigelmaxwell

by Nigel Maxwell

Byron Bear death case concludes with acquittal of key suspect, Crown appeal uncertain

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