Testimony wraps up in attempted murder trial
After three weeks, the Yukon Supreme Court jury has heard all the evidence in the case of the 31-year-old Whitehorse man charged with trying to kill an RCMP officer.
After three weeks, the Yukon Supreme Court jury has heard all the evidence in the case of the 31-year-old Whitehorse man charged with trying to kill an RCMP officer.
Justice Leigh Gower excused the jurors this morning until Tuesday morning, when he expects they'll hear closing arguments from the lawyers.
Christopher Cornell is charged with attempting to murder Haines Junction Cpl. Kim MacKellar and deputy conservation officer Shane Oakley by shooting a rifle at them during an early-morning chase along the Alaska Highway on Sept. 26, 2011.
He is also charged with using violence and bear spray to rob Madley's General Store the same morning.
Jessica Johnson, a 23-year-old Whitehorse woman, faces the same charges. Only Cornell is on trial at this time.
Under questioning from defence lawyer David Tarnow, Cornell testified Tuesday he was not at Madley's that morning, and was not in the black Chevrolet Blazer MacKellar and Oakley were chasing in the fully-marked RCMP crew cab.
Cornell told the jury he and Johnson drove out to the Mendenhall subdivision in the Chevy Blazer with Harold John driving.
After a deal to buy heroin, the drug dealer left in the Blazer and John, Johnson and himself began riding in a Suzuki Sidekick.
They chased down the drug dealer because Cornell wanted more, Cornell testified.
He said they pulled in beside the Blazer at the Fas Gas on the way into Haines Junction at about 3 a.m. The dealer agreed to go get more, but wanted somebody to come with him, and Johnson agreed.
They were to meet at a pull-out at Kluane Lake along the Alaska Highway toward Destruction Bay.
Cornell said that was the last he saw of the dealer, Johnson and the Blazer until he came across Johnson sitting in the truck while it was in the ditch about halfway between Haines Junction and Destruction Bay.
The Suzuki Sidekick, he testified, broke down on the Alaska Highway after he and John went to a local residence Cornell was familiar with to see if he could steal something to sell.
They were interrupted by the owner, and he and John took off in the Suzuki and headed down the Alaska Highway toward Destruction Bay, he testified.
Cornell told the jury he and John did more heroin on the side of the road.
When Cornell caught a glimpse in the rear view mirror of flashing police lights coming down the highway, he bolted into the bush, thinking the police might be after them.
He heard a bang, watched the RCMP crew cab pull over, turn around and head back toward Haines Junction. The police truck stopped next to the Suzuki, and he watched John get in the truck.
Cornell said he continued on foot toward Kluane Lake, jogging and walking along the treeline of the ditch, until he came across Johnson and the Blazer 12 kilometres down the highway.
Under cross-examination by Crown prosecutor Keith Parkkari, Cornell said he covered the 12 kilometres from the broken-down Suzuki to the Chevy Blazer in about 45 or 50 minutes.
Parkkari put it to Cornell that he ran 12 kilometres in the dark, along the treeline through rough and boggy ground conditions, wearing three layers of clothing, in 45 or 50 minutes while he was high.
Cornell said he was not that high, and he'd only had two pairs of pants on.
Given the state of the Chevy Blazer – with a busted-out rear window, a rifle lying beside the vehicle, another rifle inside, the fact the truck was in the ditch – Parkkari asked Cornell if he pressed Johnson for an explanation about what had happened.
Cornell said Johnson was high and incoherent.
"She would start talking and then nod (off), and when she opened her eyes again, she didn't remember what she said before,” he said in cross-examination.
Cornell said Johnson mentioned something about Madley's, and that she might have been driving the Chevy Blazer for a little bit.
Johnson told him the dealer had left, but was supposed to come back with a ride, he said.
Parkkari reminded Cornell that when they were picked up by employees from the Talbot Arms Motel, the driver of the motel's cube van described Johnson as the chatty one.
They'd just finished doing another hit before the Talbot Arms employees arrived, he said.
Parkkari asked Cornell why, in all the time after he reached the Chevy Blazer on foot, during the lengthy ride to the Pine Lake Campground, and the time they were at the campground, he hadn't pressed Johnson for an explanation.
The Crown prosecutor said he could understand why they wouldn't want to talk during the ride in the cube van, but they were alone at the campground.
Why, Parkkari continued, did Cornell not ask Johnson about the bear spray in the duffle bag he removed from the Chevy Blazer in hopes of finding something valuable inside to sell.
The accused said when they were at the campground, he was focused on trying to get a ride back into the Junction.
Cornell rejected Parkkari's suggestion that he was involved in the theft of the Suzuki Sidekick from the Mendenhall subdivision.
He rejected the suggestion it was him who drove the Chevy Blazer to Haines Junction, and it was Harold John who drove the Suzuki.
"And when you got to Haines Junction, everything that was in the Suzuki was thrown into the Chevy Blazer,” Parkkari said.
"No.”
"And it was Harold John who left in the Suzuki?”
"No.
"And you and Jessica Johnson went to Tracy Kane's?”
"No.”
"It was you and Jessica Johnson who went to Madley's General Store in the Chevy Blazer?” Parkkari continued.
"No.”
"I put it to you, that it was you in the Chevy Blazer when somebody shot at Corporal MacKellar?”
"No.”
There has been no evidence of facial identification during the robbery or the getaway.
The jury has heard the high-speed chase began when MacKellar and Oakley arrived in the RCMP crew cab.
It ended 31.8 kilometres later when a bullet fired from a high-powered rifle blew through the front windshield of the RCMP crew cab.
MacKellar testified Tuesday he is still dealing with metal fragments in his eyes and left shoulder, and that he was off for three months before returning to active duty as the detachment commander.
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