Who pulled the trigger on the gun that shot Nicole Wagler and Tyler Baker came into question Thursday, as the lawyer of the accused shooter suggested that the police and Crown are blaming the wrong man.
Phillip Millar suggested that it was Baker – and not Michael Schweitzer, who is charged with murder and attempted murder in connection with the events of Dec. 4, 2012 – that fired the shots.
He did so during his cross-examination of Baker, who denied being the shooter and called the accusation “disgusting.”
Baker was critically injured during the shooting, which occurred in the Milverton home he shared with Schweitzer.
Wagler, 17, was killed. Her body was found in the living room of the home. Police found Baker in the kitchen, with a towel wrapped around his face.
Thursday’s testimony began with jurors being shown a video of Baker speaking to police from inside a hotel room.
Unable to speak and with his face covered in bandages, Baker communicated with the officers through written notes.
“I can’t see what went so wrong,” he wrote at one point.
Defence lawyers questioned why police did not ask at that time if Baker was involved in the shooting, and why Baker never asked about the specifics of Wagler’s death.
“I think it is pretty clear if she died, she got shot as well,” Baker rebutted in court.
Jurors have heard that Baker has little memory of the night, other than waking up to find himself bleeding and calling 911.
Speaking to reporters outside court, Millar said that “it doesn’t appear” police had ever questioned Baker about his involvement in the shooting.
“It appeared he was unable to deny conclusively because he doesn't have any memory of his involvement,” he said.
“Unfortunately, there’s not that much other evidence to help us figure that out.”
Baker was also asked about his sexual relationship with Wagler – Schweitzer was also involved with her – and whether she had rejected his advances on the night of the shooting.
“If this case is about jealousy, it looks like the jealousy is from you, not Michael Schweitzer,” Millar argued.
The gun used in the shooting belonged to Schweitzer, and was found on the floor of his bedroom. Baker has testified that he knew how to use it.
Also on the stand Thursday was Schweitzer’s father, Murray Schweitzer.
He testified that Michael arrived at his doorstep distraught and saying something about how he may have perpetrated a shooting.
The father and son then drove to the house.
According to Murray Schweitzer’s testimony, his son spent the trip crying and saying things like “I don’t know what happened.”
Part of a 911 call was played for jurors, in which Murray Schweitzer was told to ask Michael why he had committed the crime.
In response to being asked “Do you have any idea why you did this?”, a voice in the background can be heard saying “No.”
In cross-examination, defence lawyers questioned Murray Schweitzer’s memory of exactly what his son said when he showed up at Murray’s house.
They noted that Murray Schweitzer had his hand over his face, did not have his hearing aids in and could have been distracted by an excited dog in the home.
“It is clear you can’t be certain as to what he said,” defence lawyer Nick Cake said.
The trial continues Friday, with testimony from an OPP officer who ran forensic tests on Schweitzer’s hands and Baker’s clothing.