'There was no intent to kill': Defence makes closing arguments for teen charged in Bradley Pogue's death

Kitchener -

Final arguments for a teen charged with second degree murder in the death of Bradley Pogue continued Wednesday.

The teen, who can't be identified under the Youth Criminal Justice Act, is on trial for a November 2018 shooting that killed 24-year-old Bradley Pogue.

The defence argued the young offender did not intend to kill.

The agreed statement of facts said the teen shot Pogue during a drug deal. According to the document, the teen pulled a gun on Pogue during the drug exchange.

The defence argued the teen pulled the trigger because Pogue “lunged” toward the teen in a downward motion, and suggested the teen was scared of Pogue.

“There was no intent to kill at the time the gun was fired,” deference lawyer Steven Stauffer said. “(Pogue charged) at him, he fired.”

In a text message the teen sent to a friend hours after the shooting, which was shown during the trial and in the defence’s closing arguments, he said “it didn’t mean to go like that. The guy tried to tackle me I wigged him twice.”

The defence is asking the judge to try the young offender for unlawful manslaughter.

On Tuesday, the crown argued the young offender did plan to rob Pogue with a loaded gun and said he should be found guilty of second degree murder.

The judge will reserve his decision until Dec. 22.