Gun was pointed at Ken Brotherston Jr., witness "Jimmy the Jackhammer" tells murder trial

 

 
 
 
 
Harold Fairchild, known as Jimmy the Jackhammer, leaves the Victria Courthouse after testifying at the Brotherston murder trial in Victoria, B.C. November  24, 2009.
 

Harold Fairchild, known as Jimmy the Jackhammer, leaves the Victria Courthouse after testifying at the Brotherston murder trial in Victoria, B.C. November 24, 2009.

Photograph by: Darren Stone, Times Colonist

Former Highlands councillor Kenneth Brotherston Sr. told the man he’s accused of murdering to put down his gun, saying, “I’m not talking to you while you’re holding a gun at my kid,” a Crown witness testified Tuesday in B.C. Supreme Court.

Brotherston’s voice was calm and reasonable, Harold Fairchild — a.k.a. Jimmy the Jackhammer — told the second-degree murder trial of Brotherston and his sons, Ken Jr. and Gregory. The three are charged in connection with the death of Keith Taylor on May 30, 2008.

But Taylor, who was high on crack cocaine, was getting more and more agitated, holding his arm straight out and pointing the gun back and forth between Ken Jr. and the house, Fairchild testified. “I thought he was going to shoot him.”

Fairchild, who has a long criminal record and an addiction to crack cocaine, told the court at the time Taylor died he had known Ken Jr. and Greg for a few months and had a good relationship with them. They hung out once in a while.

On May 30, 2008, Fairchild went to Dana Downey’s house at 3351 Betula Place, where he’d been numerous times, to get his phone, he said. From the time he arrived, he felt a bad vibe, Fairchild testified. Downey answered the door and told him it was not a good time to visit, but Fairchild insisted on going in. Inside, he met Keith Taylor for the first time. Taylor had his phone.

“You’re Hammer?” Fairchild recalled Taylor asking. “He says, ‘Come here.’”

Fairchild followed Taylor into a bedroom, where several people were hanging out. Taylor started talking about the West Shore drug trade and asking what side Fairchild was on and whether he was hanging with the Brotherstons.

“I’m not with nobody. And what’s this bullshit? I just want my phone,” said Fairchild, who did a big “hoot” of crack cocaine to calm down. “I was, like, I don’t need this.”

Taylor said they just wanted to make sure Fairchild wouldn’t cause any problems, Fairchild testified. “They were fishing to see where I was coming from. They were trying to see which side I was playing.”

Eventually, the tension eased and everyone moved into the family room to smoke crack, said Fairchild.

A little later, Taylor took Fairchild into another room. Taylor sat down on the bed and did another hoot, Fairchild said. He was agitated and kept looking towards the window.

“Keith said he’d been up for five days, partying a lot, smoking a lot of dope,” testified Fairchild.

Taylor told Fairchild he was going to take over the cocaine trade in the Langford area and wanted to know if Fairchild would come with him. Taylor also told Fairchild he had problems with the Brotherstons.

“I don’t want to know,” Fairchild replied.

“You should know, there will be repercussions ... I’m getting my money,” Taylor said, telling Fairchild he’d asked for $100,000 that morning.

Neither Crown nor defence asked Fairchild who Taylor was supposed to be getting the money from.

“I’m starting to get antsy,” Fairchild testified. “It’s now coming together.”

But at this point, someone screamed, “The Brotherstons are here,” said Fairchild.

“Keith got up and went flying out of the room yelling, ‘Where’s my gun?’ And I’m, like, ‘Oh f---,’” said Fairchild.

Fairchild testified that he wanted to leave. Forgetting there were no stairs from the third floor to the backyard, he went up to the top floor and walked out on the balcony. He saw Greg in the backyard and locked eyes with him.

“It made me feel like shit,” said Fairchild, who was worried Greg would think he was going behind his back.

Fairchild walked back into the house but it was chaos. The night before, seven people had stayed there. Even more had dropped by that day. People were running around and screaming. Fairchild went back out onto the balcony, where he said he saw Taylor pointing a gun at Ken Jr.

“He was yelling, ‘Get out of here. Get out of here.’ ... Then I heard Mr. Brotherston say, ‘Put the gun down. I’m not talking to you while you’re holding a gun at my kid.’

“Kenny was just standing there, saying, ‘I’m not moving. I’m just standing.’ Then Keith really starts tweaking out, moving the gun back and forth.”

Fairchild said he went back in the house, then back onto the balcony.

“Things started moving really fast. I heard, ‘Get the gun.’ All I see is a mass over top of Keith, holding Keith’s arms. He had the gun in his right hand. He’s bopping back and forth. Keith was shaking his arm.”

Fairchild told the court he believed Brotherston Sr. was the person on top of Taylor. The person on top was holding the middle of Taylor’s right forearm.

A girl started screaming for someone to help Taylor. But Fairchild told her: “It’s not my beef.”

When Fairchild left the house, Taylor still had the gun in his hand, he testified.

Other people were running out of the house. Fairchild said he returned a few times to try and get some of the girls out. He then went back to the house, locked the doors, got high and waited for the police to arrive, he told the court.

Fairchild agreed with defence lawyer Steven Kelliher that Taylor was “bonkers” and “snapping” and he was concerned someone was going to get shot.

“He was going right off,” Fairchild testified.

ldickson@tc.canwest.com

 
 
 
 
 
 

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Harold Fairchild, known as Jimmy the Jackhammer, leaves the Victria Courthouse after testifying at the Brotherston murder trial in Victoria, B.C. November  24, 2009.
 

Harold Fairchild, known as Jimmy the Jackhammer, leaves the Victria Courthouse after testifying at the Brotherston murder trial in Victoria, B.C. November 24, 2009.

Photograph by: Darren Stone, Times Colonist

 
 
 
 
 
 
 

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