Gunman's reaction after fatal shooting shows it was an accident, his lawyer says yyc
Defence counsel Andrea Serink said Tolchinsky’s expressed reaction of “oh, f—” after the shotgun he was wielding discharged, shooting Dennis Lewis in the back, showed the killing was accidental.Sign up to receive daily headline news from the Calgary Herald, a division of Postmedia Network Inc.By clicking on the sign up button you consent to receive the above newsletter from Postmedia Network Inc.
Both Tolchinsky and co-accused Richard Sikora are on trial for first-degree murder in Lewis’ death. He was fatally shot when four bandits raided his home mid-morning while he and his wife were watching TV.Serink said for deWit to find her client guilty, he would have to reject suggestions Tolchinsky panicked when he says Lewis tried to fight back after being told to open a gun safe in his Chestermere residence.
In a statement to police, Tolchinsky admitted to shooting Lewis, but said he accidentally pulled the trigger.“That’s panic, he’s responding to the scenario. He’s not trying to affect the robbery,” she said. Serink said the medical evidence showing the shotgun pellets entered the victim’s lower back in an upwards trajectory indicated he wouldn’t have been aiming the gun when it was fired.Recommended from Editorial
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