Article clipped from Dauphin Herald

Crown Attorney tells jury some evidence may be confusing By Sheri Clegg Herald Staff Writer Five witnesses took the stand Monday in the first day of a Grandview man’s second degree murder trial. Orville Clarence Wilson, 45, is charged with the Aug. 28, 1989 murder of Anthony McCasin. The incident oc curred at the home of Ivan Leschasin, located in the Ru ral Municipality of Grand view. Crown Attorney Brian Wil ford told the seven man, five woman jury he expects “to prove beyond a reasonable doubt that Orville Wilson had the specific intent to kill Anthony McCasin”, or meant to “cause Anthony McCasin bodily harm that he knew was likely to cause death and was reckless about whether death ensued”. Wilford told the jury he will call “some 19 or 20” wit nesses over the course of the trial and admitted some of the evidence might be con fusing. “The witnesses you will hear must be scrutinized carefully, especially regard ing the degree of intoxica tion of Orville Wilson... The Crown will prove that Orville Wilson was not that overcome by alcohol.” Wilford asked the jury to pay attention to the amount of liquor Wilson drank and the descriptions by friends and neighbors who have seen him drink. “Pay particular attention to how they describe Orville Wilson and the affect alco hol had on him,” he said. The Crown attorney also asked jurors to listen to the description of the arguments between the victim and the accused, saying that at one point Wilson told McCasin: “I’ll bury you son of a bitch.” Wilford said after further arguments Wilson walked out of the house and a short time later a shot was heard and McCasin “fell on the floor dead with a bullet through his head”. Wilford told the jury Ivan Leschasin left his home out of fear for himself with the aid of an outside light and then watched Orville Wilson get into his truck and drive away. Dr. Michael Taylor, a Brandon pathologist who performed the autopsy on McCasin, said the man died instantly as a result of a rifle shot wound to the head, adding the bullet entered the skull behind the right ear and exited slightly above the right eye. Taylor testified the shot travelled in a straight line through the right side of the brain and added the en trance and exit wounds were abnormal, indicating the bullet did not directly hit McCasin, but rather struck something else during its travel. Police believe the fatal shot was fired through screen and Plexiglas materi als in the front doors of the Lesbasin home. Cpl. Godfrey Gregoire of the Dauphin rural RCMP de tachment was called to assist Grandview RCMP shortly af ter the shooting. Gregoire’s involvement began at 12:30 a.m. Aug. 29, when he was asked to help at a roadblock in the RM of Grandview. He testified that after Wil son was arrested he went to the home of Morris Kaminowsky, where he seized a Winchester 30-30 ri fle model 94. Kaminowsky has since died. Searched truck Gregoire later went to the Wilson residence where he helped search a red and white half-ton truck owned by Wilson, but did not find anything unusual. “When you finished that Search of that vehicle you were Satisfied you did a good job?,” defence attorney Chris Martin asked. “Yes,” Gregoire said. Martin then asked the cor poral if, during his search, he had come across an Ed monton Oilers glove contain ing eight bullets. Later Const. Michael Hen gen testified he had found the glove in the glove box of the truck during a subse quent search of the vehicle Sept. 7. “In your search did you not see this,” Martin asked, holding up the glove. “Are you testifying you missed something?” “I’m not sure. I feel I'd seen a glove crumpled up in the glove compartment. Per haps it was the mate,” Gre goire said. Hengen, who conducted a breathalyzer exam on Wil son after he was arrested, testified both readings registered 90 mg. of alcohol in 100 ml of blood. “I wonder what your ob servations of Mr. Wilson were. How impaired did he appear to be?, Wilford asked Hengen. “He appeared to me to be fatigued. There was a smell of liquor on his breath, his eyes were watery and he ap peared incoherent in his speech,” the police officer said. Hengen further testified he seized a 30-30 casing from under the driver’s side and another from the middle area of the truck during the Sept. 7 search. He said two other expired 30-30 casings were given to him by Wilson’s wife Brenda. Const. Mike Zens testified he and Cpl. Chuck Alling ham searched the McCasin residence and a vehicle Sept. 5 and during that search he seized a Winch ester 30-30 rifle model 94 he found in a saddle bag in the vehicle. The trial continues.
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Dauphin Herald

Dauphin, Manitoba, CA

Tue, Oct 30, 1990

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