Both suspects in killing to face second-degree murder charge
One of two suspects in the fatal shooting of a Rocky View County employee will have his charge downgraded to second-degree murder, court heard Thursday.
While the new information was not formally put before the court, Strawberry’s lawyer, Rebecca Snukal, asked the clerk what the wording of the new charge was and was told the allegation is one of second-degree murder.
Strawberry and Penner were initially separately charged in connection with Hough’s death, but the former was facing a second-degree murder allegation while the latter had been charged with first-degree murder.
Outside court, lead prosecutor Sue Kendall, who was not present for the brief appearance, confirmed both men will be facing second-degree murder charges going forward.
Both men are also charged with attempted murder in connection with the same incident.
While Snukal appeared on Strawberry’s behalf, Penner’s lawyer did not, instead having an agent attend via video conference.
Lawyer Chenoa Sly attended on behalf of defence counsel Michael Mussieux, but said only for the purpose of Thursday’s appearance.
But that didn’t sit well with either Ziegler or Justice Karen Molle.
Ziegler noted Mussieux first appeared on the file on Aug. 20, indicating he had been granted a Legal Aid certificate for the file, but wasn’t certain he would take the case.
The prosecutor told Molle Thursday’s was the fourth such appearance by Mussieux or an agent in which the Edmonton lawyer did not indicate he was taking the file.
Sly indicated Mussieux was going to meet with Penner, who is currently housed at the Edmonton Remand Centre, the week of Oct. 21 and asked that the case be adjourned to Oct. 31 for the lawyer to provide an update.
But Ziegler said he has already had discussions with Snukal about scheduling a preliminary inquiry and asked that Mussieux be officially noted as Penner’s counsel.
“His conduct indicates that he is counsel,” the prosecutor said.
Molle agreed.
“Mr. Mussieux is counsel of record,” the Court of Justice judge said.
“I’m going to direct that this matter be put over for a short time. Mr. Mussieux is directed to appear in court at that time,” Molle said.
Both Ziegler and Snukal asked that the case return to court next Thursday, an application granted by the judge.
It’s believed he was killed after pulling over to assist in connection with a burning truck.
A FortisAlberta Inc. employee was also shot and wounded.
— With files from Postmedia