Two men have been acquitted of the murder of a couple in Cranbrook, British Columbia, over what their trial in the British Columbia Supreme Court has heard about a case of mistaken identity.
Leanne McFarlane and Jeffrey Taylor were killed at home in May 2010, and Raymond Korea and Sheldon Hunter were later charged with two counts of first-degree murder.
The crown told the trial that the men expected to find and kill a rival member of a drug gang who had previously lived in the home where the two victims lived.
Judge Arne Silverman said in a ruling Monday that the two victims were in no way involved in the drug business and “they were tragically innocent victims in the wrong place at the wrong time.”
Defense attorneys told the trial that the evidence did not establish that the men shot the victims or that they were there when the shooting took place.
Silverman says that while he is not happy that the two defendants are innocent, he is also unsure beyond a reasonable doubt that they are guilty.
“When the Court has reasonable doubts about guilt, the law requires that convictions of innocence be followed,” the ruling said.
Silverman says the evidence raises reasonable doubts as to whether the two defendants knew the alleged victim did not live in the home.
He says the evidence of Hunter’s alibi also raises reasonable doubts based on cell phone records that suggest he was in a different location at the time of the killings.
The ruling says the man whose name is protected by a ban on publishing is the Crown’s most important witness, testifying that Korea and Hunter were close to the killing site at the time and saw them return to – late with blood on his clothes and carrying pistols.
The judge said he did not believe the witness because he had lied to the police for years about his involvement.
“He continued to lie to the police until he finally received a full immunity agreement. He lied, among other things, about his own involvement in the crime, whether he was present near the scene, whether he drove Korea and Hunter somewhere on the occasion, whether he saw blood on their clothes when they returned, and whether the clothes were burned in the fire. “
Based on reasonable doubts, Silverman says he found both defendants not guilty on both charges.
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