SIX NATIONS -- Another trial was ordered on Wednesday for a homeowner acquitted of second-degree murder.
Peter Khill of Binbrook, Ont., was found not guilty in June 2018 of second-degree murder in the death of Jon Styres of the Six Nations of the Grand River, during an attempted robbery.
A former army reservist, Khill admitted he shot and killed Styres in February 2016, believing the father of two was trying to steal his truck, and had a gun.
Khill, who was 26-years-old at the time, said he felt he had no choice but to open fire.
The Court of Appeal ruling that “Mr. Khill’s role in the incident leading up to the shooting, was potentially a significant factor in the assessment of the reasonableness of the shooting.”
“The failure to explain that relevance and to instruct the jury on the need to consider Mr. Khill’s conduct left the jury unequipped with what may have been a crucial question,” the Appeal Court said.
At the time of the trial Six Nations residents were upset over a white man being acquitted of killing a First Nations man.
“No trial can undo the tragedy they have been living for the last four years,” said Mark Hill, Six Nations Band Council Chief.
However, legal experts say that race was not a factor.
“The Court of Appeal said very simply today, no Mr. Khill had no idea and would have had no way to know that he was an indigenous man,” said Criminal defence lawyer Ari Goldkind.
In a statement to CTV News Khill’s lawyer Michael Lacy said ““Peter Khill has consistently maintained that he was acting in self-defence and was not guilty of any crime. We are carefully reviewing the Court’s decision and considering next steps including an application for leave to appeal to the Supreme Court of Canada.”
“I now still have some hope that Jon can get the justice he deserves,” said Lindsay Hill, Jon Styres’s widow.
A timeline for the next trial date has not been released.
Khill is also facing an ongoing civil lawsuit.
