The trial of a now 41-year-old Greater Napanee man facing murder charges is entering its final stages.
Judge Graeme Mew gave the jury in the John Masson White case their direction on Wednesday afternoon at the County of Lennox and Addington building in Napanee.
White, who was 38 years old at the time of the incident on Shannonville Road on April 16, 2016, was arrested at the scene without incident and charged with first-degree murder in the death of Gail Doreen White, his step-mother.
Judge Mew summarized the facts of the case in which Gail was killed in the Roslin home, her death caused by a single gunshot to the head at a range of “a few to 30 cms” according to a forensic expert heard during trial proceedings.
John testified in his own defence in the case stating he hadn’t meant to kill Gail, just scare her and he hadn’t realized the gun was loaded when he put it in the holster at the small of his back that morning.
The father of two also stated while under oath, according to Mew, he was a knowledgeable and responsible gun owner but didn’t realize there was a bullet in the chamber when he pulled the gun out and pointed it at his 56-year-old step-mother.
Defence attorney Christopher Hicks says the evidence in this case supports the shooting being an accident and there is only circumstantial evidence in this case. He continued on to say John had attempted to put the gun away into storage in a gun case in his brother’s home in Madoc just days before the incident.
Crown attorney Monica Heine summarized the case by stating John was angry about money and he was angry about being evicted from the home. She wrote in her summary that he walked up as close as possible to Gail and instead of choosing less lethal options like a knife, which was available to him, he still picked the Smith and Wesson knowing the consequences of his actions.
Judge Mew told the jury during his direction that they are the judge of facts in this case and deciding on the facts is their job, not his. He said they must decide what happened in this case by considering the evidence and coming to common sense conclusions, but not speculating.
He summarized the case by saying there were a number of people living under one roof at the Roslin home, and by the spring of 2016, relationships had begun to fray.
John and his partner Jessica began moving out on Saturday, April 16, intending to move into the home of Jessica’s mother in Belleville.
Judge Mew said it was presented during the trial that an argument between Jessica and Gail escalated, prompting John to step between the two. Things from there began to deteriorate further, leading John to confront Gail and pulling out the gun.
Following the shooting, John and Jessica then proceeded to go outside for a few minutes before driving to the end of the driveway then returning to the home, where John disassembled the gun and waited for police to arrive according to the judge.
Judge Mew told the jury they can return with four verdict possibilities including first degree murder, second degree murder, manslaughter or not guilty, but the decision has to be unanimous.
The trial, which began on January 21 saw the six women and six men member jury head into seclusion mid-afternoon.