The witness testimony has wrapped up at the coroner’s inquest into the death of Brydon Whitstone.
One police witness and two expert witnesses testified on Thursday, after which the inquest adjourned for the day. The indication from coroner Robert Kennedy is that jury instructions and deliberations will happen Friday morning at Queen's Bench courthouse in Battleford, right on schedule.
The fourth day of the inquest began with testimony from Sgt. Pernell St. Pierre, who was pursuit commander on the night of Oct. 21, 2017.
St. Pierre’s testimony initially focused on his authorizing of the RCMP police pursuit that took place that night on the white Buick LeSabre. The pursuit was initiated at 21:13 hours Oct. 21, with Cst. Matthew McKay’s vehicle initiating the pursuit. A secondary vehicle was involved, the Ford Explorer vehicle operated by Cst. Garrett Dove.
St. Pierre’s testimony also focused on his activities at the scene that night where the white LeSabre came to a rest at the 15th Avenue-105th Street location. He testified he broke out windows in the vehicle, and said the reason he broke those windows was in order to see inside the vehicle. He said the passenger was “cowering” and the driver still had his hands on the wheel.
St. Pierre also testified he was the one who deployed OC spray, also known as pepper spray, into the vehicle, but there was “no reaction” from the occupants.
St. Pierre then said he heard a bang, and another bang. St. Pierre also testified he had seen the driver put his hand “downwards.”
The next witness was Kimberly Young, forensic specialist with toxicology services with the RCMP, who appeared by conference call.
She testified on the test results of the fluids of Brydon Whitstone that were obtained by the lab for analysis. Young testified that according to the findings Whitstone’s blood was found to contain methamphetamine and ethanol.
From the analysis of Whitstone’s eye fluid, blood and urine, Young was able to detect ethanol, which is from alcohol. She testified the blood alcohol concentration found was .067, which is below the .08 legal limit to drive.
Other substances found were methamphetamine, at 751 nanograms per millilitre of blood.
Young testified that literature shows 200 nanograms per millilitre is enough to be considered toxic. However, Young emphasized this was a post-mortem analysis that she could not say what the level of methamphetamine was when Whitstone was alive, saying the actual amount could have been “significantly lower” than that. She described the level at the time of his death as an “unknown variable.”
Young reported compounds associated with cannabis were found, but no active component of the metabolite THC was found in the blood, indicating it was previous use.
Amphetamine was also detected, and the anti-psychotic prescription drug Olanzapene was detected in Whitstone’s urine, but not in the blood, indicating previous use.
Young testified on the toxic effects of methamphetamine, including increased restlessness and compulsive behaviour, suspicion and paranoia. But Young said under further questioning from counsel that she could not come to any conclusions as to the behaviour of Whitstone that night. “I cannot say what this level was at the time of death,” Young said.
The final witness, forensic pathologist Dr. Andreea Nistor, was called at 1 p.m. and she appeared by conference call. Her testimony focused on the autopsy, done Oct. 24, 2017, at the Pasqua Hospital in Regina.
The final witness, forensic pathologist Dr. Andreea Nistor, was called at 1 pm and she appeared by conference call. Her testimony focused on the autopsy, done Oct. 24, 2017, at the Pasqua Hospital in Regina.
Nistor testified she noticed two wounds on the torso, which showed up in the CT scan report. The sternum was fractured, and all three lobes of the right lung were perforated. Metallic bullet fragments were seen in the CT scan, in a downward trajectory,
There was another bullet found inside the stomach, which was “never fired from a firearm.” Nistor said the only way it would have gotten inside was through the gastrointestinal tract.
“I have never seen one before”, said Nistor. She had seen foreign objects in the stomach before but not bullets. It was not considered a factor in his death.
A total of three external wounds were noted. Two were entrance wounds and one was an exit wound.
One, referred to as Gunshot No. 1, was at the front of the upper chest, round, punched out, a centimetre in diameter. There was no associated soot or gunpowder around it. The pathway went through the sternum and went through the membranes of the heart, through the heart and the back of it, and right lung through all the lobes. There was an exit wound through which the majority of the bullet exited the body, however there was a small metallic fragment, a piece of lead, remaining. The injuries produced caused the collapse of the right lung and perforated the heart, she said.
This shot resulted in fatal injuries alone, said Dr. Nistor. She described the likelihood of survival “very low, almost impossible.”
The other gunshot, referred to by Nistor as Gunshot No. 2, went through the left chest wall and through the intestines, and then went backwards injuring the left kidney, the muscles, and then stopped to the left side of the spinal column in the muscles. There was no exit wound; the bullet was associated with hemorrhaging inside the abdomen.
This contributed to the death, said Dr. Nistor, but she said if gunshot one did not exist, it might be survivable with medical intervention. But this wound resulted in blood loss, said Nistor.
In her final opinion, Nistor determined the cause of death was “gunshot wounds of the torso.” The most significant wound was the one that perforated the heart and right lungs, and this wound was “rapidly lethal.” The second gunshot wound perforated the chest wall and abdomen and contributed to overall blood loss. There were minor bloodforce injuries which were not listed as the cause of death; also interesting was the live round in the stomach, injested by the deceased prior to death.
Nistor’s testimony was the last one of the inquest. Coroner Robert Kennedy has adjourned the inquest to Friday morning at 9:30 am. Kennedy indicated the plan is to replay the pursuit tape again for the jury, and to cross-reference that with some of the documentation they have to provide a timeline for the jury.
After that, the final charge to the jury will be given by Kennedy. The jury would then be sequestered to deliberate until they return with their findings.
Stay with the News-Optimist for further coverage of the Brydon Whitstone inquest.
