Northern News Services

Yellowknife (Oct 03/05) - After seven hours of deliberation, an 11-member jury found Timothee Caisse guilty of manslaughter Friday.

Caisse, on trial for the April 16, 2004 shooting death of David Austin, 33, was hugged by his family as he left the Yellowknife Courthouse.

The jury cleared Timothee Caisse of murder Friday, finding him guilty of manslaughter in the shooting death of David Austin at Caisse's Highway 3 home last year. Caisse was led away by police to await sentencing on Oct. 31.

Justice Rene Foisy has set sentencing for Oct. 31. Caisse was remanded into custody.

Manslaughter carries a maximum penalty of life imprisonment, and a minimum of four years.

The trial took three-and-a-half days of testimony and arguments. The jury - three men and nine women - began deliberations late Thursday afternoon, Sept. 29.

Caisse, 56, testified during the four-day trial that Austin, unarmed and high on drugs and alcohol, charged at him just before the fatal shot was fired.

"David Austin spoke from the darkness and said, 'What are you going to do, shoot me?'" Caisse testified.

Austin lunged and "I was startled. I jumped back and the gun went off," said Caisse, who was holding the loaded gun on his hip.

According to court testimony, police were called to the home by Caisse and his stepson, who walked 15 minutes to the nearest neighbour to call for help.

Defence lawyer Kelly Payne described Austin as the aggressor, who arrived unannounced at Caisse's remote house, demanded money and fought with Caisse, his wife Helen and stepson Dennis Rabesca.

She said Caisse has a "fragile nature," brought about by his connection with the 1992 explosion at Giant Mine.

Caisse was the third man on the bomb scene.

Expert testimony told the court that the retired electrician suffered from post-traumatic stress disorder.

Outside of the courtroom, Payne said she was hoping for an acquittal.

"We thought there was enough evidence to support a self-defence defence," she said.

Payne said it was too early to tell if she would appeal.

Crown prosecutor Steven Hinkley pressed for a finding of second-degree murder, and called the shooting an act of anger.

He pointed to testimony by Rabesca, who witnessed the shooting, and said that Austin stood with is hands open before his death, no weapon in sight.

"He shot him because he was mad at him, and that is not self-defence," Hinkley said in his closing statement to the jury.

Doug Austin, the dead man's father, sat through the trial, sometimes joined by his son's mother. He declined to comment.NNSL file photo

The jury cleared Timothee Caisse of murder Friday, finding him guilty of manslaughter in the shooting death of David Austin at Caisse's Highway 3 home last year. Caisse was led away by police to await sentencing on Oct. 31. Manslaughter carries a punishment of life in prison, with a minimum of four years.