Not guilty verdict in Pelletier manslaughter case

At least one witness recalled seeing Pelletier pull a gun out of a duffel bag, and play around with it. It’s alleged that the same gun suddenly went off while being passed back and forth between Pelletier and Highway, who were sitting on a couch together.

Another witness recalled seeing Pelletier and another person at the party taking pictures of their “flags” which is in reference to gang affiliation.

The Crown’s final witness described how Pelletier had been showing others how to load the gun, even encouraging them to shoot the washer and dryer.

While it’s not exactly clear what happened when the gun was being passed back and forth between Highway and Pelletier, the gun went off and Pelletier was shot in the chest area.

Lynessa Highway was comforted by family as she left the courthouse. (Nigel Maxwell/ paNOW Staff)

Reading from his written decision, Justice Meschishnick cited a lack of reliable witness testimony. This included the statement Highway had initially given to police and a lack of evidence that the gun she claimed to have picked up, was pointed at Pelletier.

“With no proof beyond a reasonable doubt that Miss Highway took steps to point the firearm at Mr. Pelletier, I cannot find Miss Highway committed an unlawful act,” he said.

Outside the courthouse, Pelletier’s mother April Roberts was visibly upset and told paNOW she knew this was coming.

“The way they described Adam in there as just a gangster, just another thug off the street gone,” she said. “Nobody really knows how much I miss him and now my kids have to suffer.”

Roberts was accompanied to court by two of her daughters, who were also crying

“I had time to prepare myself but they didn’t,” Roberts noted.

Last month, Pelletier’s mother organized an anti-violence walk. The event was held on the day her son would have turned 21. At the time, Roberts said she had forgiven Highway, noting she had to be able to move on for her own mental well-being.

Noting the high burden of proof, Crown Prosecutor Jonathan Foreman explained there are issues that come up in every matter that’s dated. He added where there are civilian witnesses, there are frailties with all kinds of evidence and that included the fact both there was alcohol being consumed at the house party and at the time of the incident.

“But at the end of the day burden of proof is a high burden of proof. The accused is cloaked in the presumption of innocence until proven guilty,” he said.

April Roberts kneels at her son’s gravesite. (Nigel Maxwell/ paNOW Staff)

Lynessa Highway and her family declined to comment. Her lawyer Ron Piche told paNOW Justice Meschisnick did a very thorough job of reviewing the evidence.

“It wasn’t a lengthy trial but there was a lot of information that he had to sort through and I think he applied the right standard. He just didn’t have any confidence that the evidence was reliable,” Piche said.

With respect to the specifics of the case, Piche acknowledged it can be difficult for the defense when the accused provides a statement that contains damaging testimony. However, Piche explained it has always been the position of the defence the reliability of the statement was highly in doubt given her age, and how she was feeling at the time.

Further noting Highway’s remorse since the shooting incident, Piche explained she and Pelletier at one time had a positive history.

“It was a tragedy for all concerned,” he said. “Hopefully everyone can move on now”

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nigel.maxwell@pattisonmedia.com

On Twitter: @nigelmaxwell

by Nigel Maxwell

Not guilty verdict in Pelletier manslaughter case

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