Crown prosecutors have rested their case in the trial of Linda Lorraine Howe after hearing dramatic testimony from Sunshine Coast RCMP officers on the scene at the March 31, 2009 shooting at Christienson Village.
The last six witnesses included three officers who attended the scene, a firearms analyst, a crime scene investigator and a resident of Christienson Village who knew Howe.
Const. Francine Moreau took the witness stand Thursday, May 14. She was the first officer on the scene and the first to make contact with Howe after Howe exited the building.
Moreau said Howe ignored repeated commands to "drop the gun." Before trying a different tactic for getting a response.
"I said 'Hi, my name is Fran. I can help you. It doesn't have to go this way,'" Moreau testified.
Moreau said this was enough to get Howe's attention and she temporarily put down her rifle, but not enough to defuse the situation.
Howe's response, according to Moreau: "No. It's too late for me now. You're going to have to shoot me."
"Don't make me do that," Moreau responded.
Const. Jacob Joslin took the stand following Moreau and offered a similar account of the incident. Const. Ewan Dewolf, the officer that eventually fired on Howe, gave similar testimony, but saw the event from a different vantage point along side the building. He too saw Howe's rifle and testified it appeared Howe was trying to load a gun from the driver's seat of the vehicle. He said he saw what appeared to be a small black pistol as well.
"It was then I believed she was preparing for an armed assault," Dewolf said.
He added that he feared "death or injury" for Moreau and Joslin and fired his pistol between three and five times.
After the first volley of shots from Dewolf missed, all three officers said they heard another gunshot ring out from Howe's direction. Dewolf said he then saw more actions consistent with loading a gun and fired again hitting Howe, causing her to scream, fall out of the car and drop the guns.
Crown prosecutor Richard Cairn asked all three officers if Howe showed any symptoms of being affected by drugs or alcohol. All three said they had much training and experience dealing with intoxicated people and Howe showed no signs of intoxication.
In Friday's testimony, Joseph Prendergast, a firearms expert employed by the RCMP, confirmed the .38 pistol found at the scene was fired once from inside the Mustang, but the bullet was lodged in the car's roof. After test-fires, he said the pistol was damaged and jammed after every shot and would be very difficult to reload.
He told the court, Howe's .303 rifle was prone to jamming about 50 per cent of the time.
Crown prosecutors called Robert Macdonald, a neighbour of Howe's, to testify about her behaviour in the month leading up to the eviction and shooting. He said Howe seemed paranoid and that she was convinced that Christienson Village management were out to get her. He said she became increasingly angry and withdrawn up until the last two days before the shooting when her demeanour changed to being more friendly and relaxed.
Howe's defence counsel Jim Bahen suggested the changes in Howe's behaviour were similar to "an office Christmas party" behaviour and that she was possibly "tipsy."
Macdonald said he has a very sensitive nose for alcohol and did not believe Howe was drunk.
"I know tipsy. This wasn't it," he told the court.
The court also heard from Cpl. Karen Bach, an investigator with E-Division Major Crimes Unit. Bach listed the various items of evidence Howe had packed into duffel bags, including a large amount of "survival gear."
Bach testified she also found an intravenous "drug kit," which contained unused syringes, a spoon wrapped in foil and a rope for tying off an arm before an injection. She also found an empty 200-ml Jack Daniels bottle and two full beers.
Howe, who was appearing via video link from Surrey Pretrial Centre (SPC), displayed a range of behaviours and apparent emotions. During Thursday's testimony, Howe was alert and responsive, oftentimes, taking notes on the proceedings. She appeared in much worse shape on Friday after sheriffs staff said she had refused to take her pain medication. Howe was often hunched over, in tears and at times, biting her hands hard enough to draw blood. At the request of Judge Francis Cole, SPC staff were able to get Howe to take her prescriptions.
The trial is now adjourned until May 25 and 26 when Bahen will have a chance to call witnesses in Howe's defence. He told the court he did not yet know how many witnesses he would be calling, but has said his defence centres around Howe's state of mind at the time of the shooting and the suggestion that she may have been under the influence of drugs or alcohol.
