The Crown and defence delivered final arguments in the murder trial of Paulos Berhe, who is charged in a shooting that killed a Calgary man and injured his girlfriend during what court heard was a drug deal gone wrong.
Paulos Berhe, 30, faces charges of second-degree murder in the death of Donald Lyons, 43, on December 18, 2023, in Forest Lawn. He is also charged with discharging a firearm with intent to wound Lyons' girlfriend, Amber Beach.
Berhe, dressed in a grey sweater over a brown collared shirt, sat in the prisoner's box with his head down as lawyers argued over witness credibility and whether Berhe acted in self-defence when he fatally shot Lyons and wounded Beach.
Defence Argument: Self-Defence and Business Logic
In his closing arguments, defence lawyer Allan Fay argued that Lyons planned to use a revolver, with Beach's assistance, to violently rob Berhe, and that his client acted in self-defence. Fay noted Lyons had no money but still expected to obtain a half-pound brick of cocaine from Berhe, suggesting there was no other plausible way for Lyons to get the drugs.
Fay said it would make no sense for Berhe, a career drug dealer, to shoot and rob his own customers unless forced to defend himself. “That’s bad for business. He’s a drug dealer,” Fay told the jury. “His business as a drug dealer would be finished if word of something like this got out.”
Last week, Berhe admitted the shooting stemmed from a drug robbery gone wrong but told jurors he was the victim, not the perpetrator, of the attempted heist. Berhe testified he feared for his life when he pulled the trigger of his concealed handgun after Lyons tried to shoot him over $9,000 worth of crack cocaine.
Berhe met Lyons and Beach at the Portico Lounge in southeast Calgary to sell Lyons a half-pound brick (about 226 grams) of cocaine. He said when he got into the back seat of Lyons' parked pickup truck, he heard the doors lock, and Beach and her boyfriend turned towards him and attacked him.
Crown Argument: Deliberate Action
Crown prosecutor Peter Mackenzie argued that Berhe's self-defence claim does not hold up. He said Berhe chose to arm himself with a loaded semi-automatic handgun, knowing the $9,000 value of the deal. “This gun was easily accessible to him in his hoodie,” Mackenzie told the jury. “He sat in a location in the rear of the Dodge truck where he could see, interact with, and shoot the occupants of the truck if he needed to do so.”
Mackenzie also noted that Berhe chose not to leave the truck despite claiming he had a gut feeling something was wrong. “When he was in the back of the truck and tested the door to see if it was open … it opened and he did not leave,” Mackenzie told the jury.
The jury is expected to begin deliberations soon.
