The man accused of shooting a disabled Fernwood man two years ago told a B.C. Supreme Court jury Tuesday that he never intended to pull the trigger.
Andrew Belcourt and co-accused Samuel Mcgrath are charged with the second-degree murder of Leslie Hankel, a 52-year-old man with mental-health problems, in March 2010. They have already pleaded guilty to robbery with a firearm and breaking into Hankels apartment.
On Tuesday, Belcourt, 22, a stocky man with close-cropped brown hair, told the jury that in March 2010 he had no job. He was drinking, doing cocaine, taking anti-depressants, had mounting drug debts and was looking for a lick or robbery to get rid of the debt.
Belcourt testified that he was pretty sure his stepfather Michael Rennie knew he wanted to do a robbery. In a phone call on March 2, 2010, Rennie told Belcourt he might have something in mind, Belcourt said. Later that evening, Rennie sold Mcgrath a shotgun and showed Belcourt and Mcgrath how to load the shotgun, pump it, fire it and use the safety.
He told me to always keep one in the chamber, said Belcourt, who testified he handled the weapon for a few minutes.
After the demonstration, Rennie asked Belcourt to go to his van with him. He pulled out a bag and said, Sam has the gun. You can have the shells, Belcourt testified.
Later, at the apartment where Belcourt was staying, Rennie told him he had driven by a weed dealers (marijuana dealers) place.
He said second door, on the bottom level, testified Belcourt. I didnt get the actual numbers.
Defence lawyer Tim Russell asked Belcourt if Rennie had ever said, If your mask falls off, leave no witnesses.
Thats incorrect, Belcourt replied.
Belcourt testified that before the robbery, he drank about 12 ounces of liquor, used cocaine, then dressed in dark clothing.
Russell asked Belcourt to show the jury how he used a T-shirt for a mask. Belcourt obliged, covering his face by tying the T-shirt behind his head. Then Belcourt shook his head up and down, and side to side.
Belcourt testified that he and Mcgrath left the apartment together, but he ran back, grabbed the shotgun and loaded it without telling Mcgrath.
Outside Hankels apartment building, Belcourt put on his mask. On the count of three, he and Mcgrath kicked the door in.
It was really dark inside. We were coming in slowly but we couldnt see anything a couple of seconds inside the door, the back bedroom door opened and there was a light on, said Belcourt.
He and Mcgrath, who was carrying the gun, rushed at the person. I said to the gentleman to get on the floor and tell me where the weed was, testified Belcourt. He was pretty frightened. He
didnt say much other than he didnt have any weed.
Belcourt thought Hankel was lying.
So I roughed him up a bit and pushed him into the corner. I punched him in the face a couple of times and told Sam to watch him while I searched the bedroom.
Mcgrath hit him with the butt of the gun, he testified.
Belcourt did not find any marijuana in the bedroom. He testified that he grabbed the gun and told Mcgrath to search the rest of the apartment. He told Hankel to sit down on the bed.
What happened then? asked Russell.
I put the shotgun resting up on my shoulder and it shot into the ceiling. It was very loud. I couldnt hear anything. My ears were ringing. I was little bit stunned, shocked maybe, at what happened at first, testified Belcourt.
What did you do?
I just pushed my arm down. I didnt want to drop the gun, so I grabbed the gun and when I grabbed it, my reaction was to pump it to load the shell into it, Belcourt paused. A second shot went off. I didnt see it hit him. When I looked up, I saw what had happened.
Belcourt testified that he freaked out.
After I looked up, it felt like I was staring at him forever.
Belcourt told Russell he thought the safety was on and he didnt know why the gun discharged. There was no intent to pull the trigger, he testified.
Three Crown witnesses have testified that Belcourt told them he shot Hankel because his mask fell down. On Tuesday, Belcourt testified that his mask never fell off.
