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Thursday testimony at Stanley trial includes Ford Escape occupants

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More civilian witnesses were called by the Crown during Thursday’s proceedings at the Gerald Stanley trial.

Two individuals who were riding in the grey Ford Escape vehicle that eventually made its way to the Stanley farm - Cassidy Cross and Belinda Jackson - were on the stand Thursday at Battleford Queen’s Bench Court.

They were among five individuals from Red Pheasant who were inside the grey Ford Escape, the vehicle in which the victim Colten Boushie was shot and killed.

The first order of business by counsel Thursday morning was the filing of an agreed statement of facts by both Crown and defence. This agreed statement includes several expert reports including the autopsy report, forensic reports, and evidence in the case.

The autopsy report finding concluded that it was a gunshot wound that caused Boushie's death, and determined the entry and exit wound. The entry wound was his left ear and the exit wound was the right side of his neck.

Following that piece of business, Cassidy Cross — aka Cassidy Cross-Whitstone —was called as the next witness. He was the driver inside the grey Ford Escape on Aug. 9, 2016. Prosecutor Chris Browne handled the Crown questioning of Cross.

Cross testified he was “hammered” - having had more than 30 shots of liquor.

He also described what happened at the Fouhy farm. There, Eric said go “check out that truck”

He also testified he grabbed the .22 gun and tried smashing the window with it. Cross also testified it was Eric, not him, who was on the quad at the Stanley farm, contradicting Eric’s testimony of the day before.

Cross also described what happened after their SUV’s windshield was smashed on and after it then ran into the back of a blue Ford Escape at the Stanley farm. He described panicking and running away from the SUV. He said he lost his boot, and had to go back and pick it up. Cross said eventually a farmer drove him home.

Cross also described the gunshots, remembering hearing two and saying one went by his right ear.

Scott Spencer launched into his cross examination by attacking Cross’s credibility.

“Did you change your story last night?” Spencer asked, referring to his conversations with the Crown the night before. “Any explanation why you wouldn’t tell the truth?”

Cross responded he was scared he would get in trouble.

Spencer also asked Cross about the “lies circulating in the media.” He then hammered away at Cross for lying about how much he had to drink.

“You perjured yourself at the prelim? You lied in court?” Spencer asked.

Spencer also grilled Cross about his police statement about the shots that fired.

“I just told them what I heard, I didn’t think about it,” Cross responded.

Cross also admitted on the stand he was the one who vandalized the red vehicle at the Fouhy farm with the gun.

Following a break, Spencer resumed his crossexam of Cross. Cross confirmed he planned to ask for help when they pulled in to the Stanley farm. But then Eric tried to fire up the quad.

“He started stealing before you had a chance to help,” Spencer asked. Cross confirmed that.

Spencer also accused Cross of hearing something in the media and then trying to repeat it as fact. He also went through Cross’s long criminal record during his lengthy cross examination.

The next witness was Belinda Jackson, Eric Meechance’s girlfriend who had been in the back seat of the vehicle when Boushie was shot. She was spending time in the Red Pheasant area during the summer.

She confirmed there was drinking and driving going on, and that Cassidy was driving the vehicle. She said Cassidy and Kiora were drunk during the morning.

She described the trip to Maymont to go swimming. As they were leaving the reserve she started to drink vodka and some rum out of a bottle.

The plan was to go back to the reserve to do more drinking. She said Cassidy was “driving reckless” and “swerved,” causing the tire to pop off in the SUV.

They ended up pulling over “because I was upset and wanted to get out of the vehicle." Jackson said she didn’t want Cassidy to drive anymore. But Cassidy continued to drive until they got to a farm.

She was seated in the middle seat at the back at this point, she testified, between Kiora and Eric. The alcohol was making her feel tired, she said.

The next thing she remembers is driving into the farm and seeing someone on the right side mowing the lawn.

Jackson recalled trying to look for her phone. She said she didn’t remember much after that.

“I knew something was wrong just being there,” said Jackson. She said she remembered someone smashing the windshield. She was still in the middle of the back seat at the time. Colten was in the front passenger seat, she confirmed.

She also remembered Cassidy and Eric getting out of the vehicle and starting running.

After they ran, she said she heard a voice say, “Go get the gun.” She said she saw a younger looking man walking inside the house.

She also recalled seeing someone go into the garage and come out with a handgun. The person was in the garage for about a minute. When she saw him again, he “came directly to the window, up to the window.”

“He came like walking behind the driver.,”she said.

Jackson then described the shots, and testified there were four shots. The first shot — “I believe”, she said — was towards Boushie.

She said two shots were fired toward Eric and Cassidy, who were “just running.” But she didn’t know where they were. She believed Stanley shot twice at them, and that the first and second shots were actually fired at Boushie. She also said the person shooting at the car was “very close.”

Court broke for lunch at around 12:35 pm and was scheduled to reconvene at 2 p.m. for more Crown testimony from Jackson. Her cross-examination by defence is also yet to come.

Prior to the morning proceedings, Chief Bobby Cameron of the FSIN spoke to reporters briefly, offering his support for the Boushie family. He also repeated concerns about the justice system’s treatment of First Nations people.

“Something has to change, the justice system in this province has to change, to meet and reflect the First Nations population,” said Cameron to reporters.

The FSIN’s justice commission would be deciding how to go forward, he indicated.

Video of his remarks has been posted on our Twitter feed @TheNewsOptimist. Stay tuned for further updates on the Stanley trial as it unfolds.