BATTLEFORD — The man charged in the death of 31-year-old Lee Bearsears has been found guilty of second-degree murder following a trial that concluded on March 10.
Craig Fox of Little Pine First Nation was charged with second-degree murder.
Justice Rochelle Wempe gave her verdict in the case May 25 at the Court of King’s Bench in Battleford.
Cut Knife RCMP found Bearsears' body in a rural area on Poundmaker Cree Nation on Oct. 16, 2023. Bearsears was from Little Pine First Nation.
In giving her decision, Wempe said Bearsears was fatally shot by a gunshot wound to the back of his head while sitting in the front passenger seat of his truck on Oct. 15, 2023.
The trial began as a jury trial but was later converted to a judge-alone trial after the accused re-elected to a judge-alone trial.
The judge noted the Crown argued that while most of the case was largely circumstantial, based on the evidence as a whole, the only reasonable outcome available was that the accused committed second-degree murder when he shot Bearsears in the back of the head.
Wempe said the defence argued three possible alternative theories leading to Bearsears’ death — that Preston Checkosis, who was also in the vehicle, may have shot Bearsears instead; that the gun accidentally went off after going over a bump in the road; or that Fox held the gun against Bearsears’ head only to threaten him, and when the truck went over a bump, it caused him to accidentally pull the trigger.
In the agreed statement of facts, it was said that Bearsears was previously charged with sexual assault. Bearsears had denied the charges and pleaded not guilty, and a preliminary hearing was scheduled for January 2024.
The judge said that Fox became aware of the allegation.
“Craig Fox and other members of the family felt animosity towards Lee Bearsears because of the allegations,” Wempe said.
Wempe said, at the time of the shooting, Checkosis was driving the truck, while Bearsears was sitting in the front passenger side of the vehicle and Fox was seated in the back passenger side of the vehicle.
The judge said Fox said to someone else following the incident: “I bodied a skinner.”
Wempe said a skinner is slang for a child molester.
The judge said the allegations against Bearsears would have been a motivation for Fox to kill Bearsears.
She said Checkosis was not aware of the sexual assault charge against Bearsears.
The judge said the evidence pointed to Fox as the shooter. The defence theories were inconsistent with expert evidence.
As well, only Fox’s DNA was found on the firearm and in the area of the back passenger seat of the vehicle, where Fox was sitting at the time of the incident.
Overall, Wempe determined there was enough evidence to find Fox guilty of second-degree murder.
Sentencing in the case has been adjourned to July 29.
