Murder suspect Elijah Blake Strawberry is hoping to be home for the holidays.
Strawberry appeared remotely via video link Friday in Calgary Court of King’s Bench where defence lawyer Rebecca Snukal scheduled a one-day bail hearing for Dec. 19.
“This matter was brought forward from Alberta Court of Justice to schedule a bail hearing,” Snukal told Justice Robert Hall.
She asked the judge to set a day-long hearing to determine if she can establish Strawberry is a suitable candidate for release pending trial.
Under the Criminal Code, the onus is normally on the Crown to show why a person should be detained, but that shifts to the defence where an accused is charged with murder.
It’s believed Hough was shot after pulling over to offer assistance in connection with a burning truck on a rural road near Conrich, east of Calgary.
The pair are also charged with the non-fatal shooting of a second man, a FortisAlberta Inc. employee, in the same incident.
Both Penner and Strawberry appeared in Court of Justice on Thursday for an update on the former’s attempts to find new counsel.
Crown prosecutor Ryan Ziegler asked that the case be returned to court next Thursday as Penner is still without a lawyer after his defence counsel, Michael Mussieux was granted permission to withdraw from the case.
Strawberry appeared before Hall via video link from the Edmonton Remand Centre, where he is currently being held.
Penner was arrested six days after the fatal shooting by the RCMP’s Major Crimes unit with the assistance of Edmonton police.
He was initially charged with first-degree murder but that allegation was later downgraded by the prosecution.
Both men have remained in custody since their arrests.