Crown wraps up case at David Muir trial
The Canadian Press
Published Friday, September 14, 2012 12:00PM EDT
Last Updated Friday, September 14, 2012 6:31PM EDT
The prosecution has wrapped up its arguments in the case of David Muir, who is charged with a series of armed robberies in Waterloo.
Muir has pleaded not guilty to 13 charges in connection with the incidents.
The three robberies and one attempted robbery all happened in about 15 minutes on December 27, 2010 in the area of University Avenue and Weber Street.
Police responded after a number of 911 calls regarding holdups near ATMs by a man wearing dark clothing with a bandana over his face.
But Friday morning a forensic scientist testified she could not find any of Muir’s DNA on the pellet pistol and bandana, which were recovered by the canine unit close to where he was arrested.
Also on Friday, an officer testified about the confrontation at the time of Muir’s arrest, and how it was nearly deadly.
Muir had been seen walking in the area and wearing similar clothing to the suspect, police located him and there was a foot chase.
The officer told the court he had his gun trained on Muir and told him to stop and get on the ground, but Muir kept advancing saying ‘Shoot me, shoot me,’ until he was within a metre of the officer.
A second officer arrived then and tackled Muir to the ground. Neither officer testified that they say Muir discard anything before his arrest.
After the prosecution wrapped its case, the defence chose not to call any witnesses.
Defence lawyer Brad Burgess says “I think the crown has a couple of challenges. One is no one could ID Mr. Muir. The other big one is a complete lack of any forensic link between the BB gun found, the do-rag found and Mr. Muir.”
Also at issue, Muir was found with $540 in his pocket, but $610 was reported stolen in the robberies.
Closing submissions in the case begin Monday.
David Muir is seen arriving at the courthouse in Kitchener, Ont. in Sept. 2012.
The area where a series of armed robberies occurred within 15 minutes is seen in Waterloo, Ont. on Dec. 27, 2010.
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