Lisa Scott
Northern News Services

Yellowknife (Sep 30/05) - A verdict on whether or not a 56-year-old Yellowknife man purposely shot another man with a rifle during a drunken soiree is looming in NWT Supreme Court today.

After three-and-a-half days of testimony and arguments, the jury began deliberations late Thursday afternoon in the second degree murder trial of Timothee Caisse. They had not reached a verdict by Yellowknifer's press time.

The retired electrician was charged after police found the body of 33-year-old David Austin on the floor of Caisse's cabin, 35 km out of Yellowknife on Highway 3 on April 16, 2004.

According to testimony, police were called to the home by Caisse and his stepson who walked 15 minutes to the nearest neighbour to call for help, leaving his wife passed out on the couch with Austin's body on the floor just metres away.

Defence lawyer Kelly Payne said her client acted in self defence, telling jurors that Austin was drunk and high on crack cocaine and marijuana.

In testimony from Caisse and his stepson, Dennis Rabesca, the court heard that Austin was high and incoherent, and fought with Caisse, his wife and Rabesca.

After Austin left the cabin, Caisse testified he grabbed a loaded shotgun, in case he came back.

When Austin did return, Caisse said Austin lunged through the door at Caisse and Rabesca, and after seeing the gun in Caisse's hands, called out: "What are you going to do, shoot me?"

Caisse testified he was startled and pulled the trigger, shooting Austin.

"I was flabbergasted that it happened. I was floored. I don't know how to describe it," said Caisse.

"Under the circumstances, Tim had a reasonable fear that Austin was going to kill him or cause him grievous harm," Payne told the jury in her closing arguments.

Anger led to murder

Crown prosecutor Steven Hinkley had a different version of the story for the jury.

"I suggest he (Caisse) shot him because he was mad at him...and that, ladies and gentlemen, is not self defence.

"It was an angry reaction and it was murder," he said.

On Wednesday, Hinkley grilled Caisse about gun safety. When he shot Austin, Caisse had four months left on a five-year gun prohibition.

"I take it, sir, that you are aware that pulling the trigger of a gun fires it," he asked the former Giant Mine worker.

"Yes, sir," said Caisse.

"Did you make a decision to shoot him?" asked Hinkley.

"I didn't have time," answered Caisse.

The jury left the courtroom to review 16 pieces of evidence supplied by both the prosecution and defence.

Justice Rene Foisy told jury members they could either find Caisse guilty of murder, guilty of manslaughter or acquit him.

Austin's mother and various family members were in the courtroom throughout the week.