Jury hears closing arguments in Regina manslaughter case
A Regina jury heard closing arguments in the trial for Elwin Michael Goodpipe, accused in the 2016 shooting death of Andre Aubertin.
Heather Polischuk, Regina Leader-Post
Elwin Michael Goodpipe, left, is escorted into Regina's Court of Queen's Bench.	BRANDON HARDER / Regina Leader-Post
In providing his closing argument to the Regina jury hearing the Elwin Michael Goodpipe manslaughter trial, defence lawyer Mervyn Shaw suggested the Crown hasn't proven Goodpipe was present at the time of Andre Joseph Aubertin's fatal shooting, much less was aware of any intention by another man to pull a gun in the course of a robbery.
"It's not enough to simply be there," Shaw told jurors. "It's not enough to be there to steal or to rob. There has to be something more. I suggest there isn't."
But Crown prosecutor Mitchell Miller argued there was more than enough to merit a guilty verdict in the case. Miller urged jurors to find not only that Goodpipe was present, but was responsible for playing a role in the death that resulted from a robbery he allegedly helped plan.
"Robbery is an inherent danger to human life because escalation of violence towards the victim can easily result in death or serious bodily harm," Miller said. "Robberies are unstable events. Tensions run high, people are nervous and things can go wrong in an instant."
That, Miller argued, is exactly what evidence shows happened here.
During the course of the trial, which began last Monday at Regina Court of Queen's Bench, jurors heard from a variety of witnesses about the events of March 29, 2016 — the date 56-year-old old Aubertin suffered a shotgun blast to the chest while standing in the living room of his Princess Street home.
Aubertin's partner testified two men came over in the moments before the shooting, one of them 35-year-old Goodpipe, who was described as a friend or acquaintance of Aubertin's. The woman told the court the second man drew the barrel of a shotgun from beneath his hoodie and asked, "What you got?" moments before the gun went off.
Jerid Cole Azure — the man court heard drew and fired the gun — previously pleaded guilty to manslaughter and was sentenced.
But, Miller argued, Goodpipe is also guilty by way of a section of the Criminal Code that speaks to "common intent." Miller said even though Goodpipe didn't handle or discharge the gun, he shared a common intention with Azure to rob Aubertin, making him guilty of the killing that occurred in the course of that act.
Goodpipe had been facing two charges — manslaughter and robbery/theft — but the Crown opted Monday to stay the second charge, meaning the jury will just have to decide on the manslaughter.
Miller argued there is sufficient evidence, including testimony from Aubertin's partner and a woman who said she overheard a conversation between Goodpipe and Azure about a plan to rob "a French guy."
But Shaw argued the Crown's case contains frailties: a witness who was less than convinced when picking Goodpipe out of a police photo lineup and a lack of testimony suggesting Goodpipe — if it was him at the house — was aware Azure was bringing a gun.
Justice Jeff Kalmakoff is expected to instruct the jury Tuesday, after which jurors will begin deliberations.
hpolischuk@postmedia.com
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