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Blood found on clothing in Erick Buhr's bedroom after his grandmother's death, police testify at trial

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Erick Buhr, the Baden man accused of killing his grandmother, was back in court Thursday for day three of his second-degree murder trial.

Before testimony began, Justice Gerry Taylor reminded the jury they had previously heard evidence that Buhr was serving a conditional sentence of imprisonment, more commonly known as house arrest, at the time of Viola Erb’s death. He had also been using non-medically-prescribed drugs. Taylor told the jury they must not reason, or infer, that Buhr’s conviction for another offense, or his drug use, would make him more likely to commit murder.

First witness

Waterloo Regional Police Detective Matthew Mcpherson, a forensic identification officer, was first to take the stand on Thursday. He was involved in the search for bloody clothing and footwear at the Sandhills Road home on Sept. 27, 2022.

In Buhr’s bedroom, Mcpherson said he found a pair of jeans on the floor; when he picked them up, he found what appeared to be blood splatter on the legs. He also found a t-shirt with blood on it under the jeans, as well as a pair of balled up socks on a nearby desk. Mcpherson said when he turned the socks right side out, they also appeared to have dried blood on them.

Erick Buhr in a photograph taken by Waterloo Regional Police on Sept. 24, 2022. (Court exhibit)

In cross-examination, Buhr’s lawyer Bruce Ritter asked where the clothing was found, and if anything was covering them. Mcpherson answered no.

Second witness

The second officer to testify, Sgt. Andrew Kroetsch, was a field investigator in 2022 and spoke with Buhr the night of Erb’s death.

Kroetsch said Buhr took him to a wooded area behind the Sandhills Road home, showing him the log where he’d allegedly been sitting earlier that day.

Court previously heard Buhr tell the 911 operator and police he had been in the forest when his grandmother was attacked and didn’t know she was hurt until he returned home.

Viola Erb. (Mark Jutzi Funeral Home)

That night, Buhr was taken to the investigative services building at police headquarters. He was not arrested at that time.

“There was no grounds to arrest him,” Kroetsch told the court.

Kroetsch also analyzed the data from Buhr’s ankle monitor. Court heard that the location of the monitor is collected once every minute.

Emergency services respond to a home on Sandhills Road on Saturday Sept. 24, 2022. (Dan Lauckner/CTV Kitchener)

Kroetsch said the data he was provided showed the ankle bracelet was in the vicinity of the residence at 12:57 p.m. on the day of Erb’s death. At 1:05 p.m., it was either in the residence or the backyard near the northeast corner and then in the vicinty of the home between 1:10 p.m. and 1:20 p.m.

Buhr’s 911 call was made at 1:18 p.m.

During cross-examination, the officer noted he could only read the GPS date provided to him and can’t say how accurate those points are.

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