The murder suspects in the fatal shooting of a Rocky View County worker will not be calling evidence in their defence, their lawyers told a Calgary jury Wednesday.
Calgary Court of King's Bench Justice Shane Parker said he was withdrawing an allegation the two men attempted to murder Fortis Alberta employee Matthew Andres moments before Colin Hough was fatally gunned down. Hough, a Rocky View County employee, husband and father of two, was shot and killed on Aug. 6, 2024, after it's believed he tried to assist suspects with their burning truck.
Attempted murder charge withdrawn
“As a matter of law I am withdrawing count two, the attempted murder of Matthew Andres,” Parker said, of the Aug. 6, 2024, allegation the two accused tried to kill Andres. “I'm entering an acquittal as I would otherwise direct you to do as a matter of law,” the judge said. “The attempted murder of Mr. Andres is no longer a part of these proceedings. You should not speculate as to the reasons why I made this decision.”
Parker said the jurors will still be tasked with determining whether Strawberry and Penner are guilty of second-degree murder in the killing of Hough, as well as allegations of robbery of both the deceased and Andres. “The result of count two being withdrawn from your deliberation has nothing to do with counts one, three and four. Your duty going forward is to determine whether the Crown prosecution has proven beyond a reasonable doubt that either Mr. Penner, or Mr. Strawberry are guilty, or not guilty, of those remaining counts.”
Defence rests without calling evidence
Parker then asked defence counsel Alexandra Seaman, for Penner, and Rebecca Snukal, for Strawberry, if either would be calling evidence in their clients' defence. Both said they would not. Jurors were then dismissed for the day and instructed to return to court Thursday morning, when they'll hear final submissions from both the Crown and defence. Parker indicated he would be providing them with final instructions on the law on Friday before 12 of them (two will be randomly selected to leave) retire to begin their deliberations.
Testimony from victim and pathologist
Early in the trial which began May 4, jurors heard testimony from Andres, who said he was ambushed and shot while working in the field near the intersection of Township Road 250 and Range Road 282 east of Calgary. “I looked up and I saw someone come up and pull a face mask over their face so I didn't see any face at that point,” he testified. Without warning the individual shot him in the right upper forearm. “I thought I was going to die.” He managed to flee to a nearby ditch some distance away and looked back to see that his work truck had been moved and a white GMC pickup approached and slowed down. “I saw two figures rush out towards the vehicle and heard shots,” Andres said. A pathologist testified Hough was shot three times, with one of the bullets piercing his heart.
