Chris Hunsley
Northern News Services

Inuvik (May 30/05) - Teary-eyed and visibly upset, Crown counsel in the James Elias murder trial said she and her team will have to consider whether to retry the case which ended Friday in a hung jury.

"We'll have to determine the prospect of winning another trial and whether it's in the public's best interest," said Loretta Colton.

"This is disappointing of course. It's always better to have an outcome, no matter what the outcome is."

Elias was charged with second degree murder after the shooting death of his brother Brian, Feb. 24, 2003, in Tuktoyaktuk.

Elias also faced aggravated assault and assault with a weapon charges for the shooting of Sammy Gruben Jr.

The trial opened in Inuvik, May 16, after the court was unable to select a jury in Tuktoyaktuk last January.

After two and a half days of deliberation, jurors were asked to consider the evidence further Thursday evening. They returned Friday morning without a unanimous decision.

"I'm satisfied you were unable to agree on a verdict and it's useless to keep you here any further," said Justice Chrumka who dismissed the jury and adjourned the case to June 16 in Yellowknife.

"Judging one's fellow citizens is an awesome responsibility," he said told the jurors.

The judge ordered that Elias, who has been free on bail for the last two years, stay away from Tuktoyaktuk until further notice.

Heart of the matter

The lack of physical evidence tying Elias to the crime, along with inconsistent and alcohol-blurred memories may have been factors in the outcome.

"There's no evidence that anybody saw who shot whom and that's a real problem," defence counsel Kristian Banks said in his closing argument.

"This is a puzzle with pieces from different puzzles and there's no way you can put that puzzle together beyond a reasonable doubt."

Banks suggested it was Gloria Gruben, Elias' common-law wife of 11 years at the time, mother of his children and witness for the prosecution, who committed the murder.

She, along with Elias, Brian and Sammy Gruben Jr. had been drinking heavily the day of the murder. Brian Gruben's blood alcohol level was four times the legal driving limit when he died.

Gloria was upset with Elias and had been drinking for some time, said Banks.

She left the house and went to the shed where she had testified she knew there were guns and mistook Brian, who had followed her out to console her, for Elias and shot him, he said.

Defence called no witnesses during the trial and Banks declined to comment on the outcome.

Crown's version

According to Colton, Elias fired one shot from close range, another from a distance greater than two feet, killing his brother, and then turned the gun on Sammy Gruben Jr. He was arrested at 8:45 a.m., after a 12-hour standoff with police.

Long process, many resources

"I would say it has been quite an extensive investigation, but the fact is within 72 hours of receiving the call most of the work was done," said Cpl. Tim Beland, who investigated the file and was present during the trial.

Beland could not estimate the cost of the investigation, but said more than 20 officers at the scene, and up to three other officers worked on the case. Witnesses were flown in from as far away as Ottawa.

Disappointed in the lack of a verdict, he said it was not the worst possible outcome but added:

"We don't have closure yet."

If another trial is to follow, Colton, who would hope to retry it as soon as possible, would not comment on how the strategy might differ, but she did say she would like the job.

"I certainly would like it to be me. It's easier than having someone else take it on from scratch."