2016-09-15 Bret McCann says justice served with Travis Vader second-degree murder conviction | Edmonton Journal
Published by Bretton McCann,
Bret McCann says justice served with Travis Vader second-degree murder conviction
Family members, the crown and defence react as Travis Vader is found guilty of second degree manslaughter in killings of Lyle and Marie McCann at Court of Queen's Bench in Edmonton, Alberta, on Thursday, Sept. 15, 2016. Video by Ian Kucerak
Travis Vader was convicted Thursday of second-degree murder for the 2010 slayings of an elderly St. Albert couple in a decision before a packed courtroom that was also broadcast via a live-streaming TV camera.
The decision led to tears and hugs by the long-suffering family of the victims, who said later that, while they were pleased and thankful with the verdict, they would dearly love for the bodies to be found.
Reading a prepared statement outside Edmonton’s Law Courts Building, son Bret McCann said the convictions were a "huge relief" for the family and he thanked the RCMP and Crown "from the bottom of our hearts" for their diligence, perseverance and compassion.
"We don’t know what exactly happened on the afternoon of July 3, 2010, and probably never will," said McCann. "The convicted person would need to talk and we’re not optimistic that that will happen."
He described his parents as "kindred spirits" who lived a "long and happy life together," but said it is "so, so sad" that they were "robbed" of the opportunity to enjoy their golden years.
"We are thrilled that justice has been served," he said, before recalling a 2010 candlelight vigil where he made a public plea for help finding his parents and said he would never give up the search.
"Well, six years later, I have to stand down," he said. "I’m sorry, Mom and Dad, I can do no more. I hope that someday, somehow, you will be found. Our memory of you will last forever."
Vader, 44, initially appeared upbeat in the courtroom, smiling and winking in the prisoner’s box as he looked to his mother and sister, who sat in the front row, just down from the McCann family.
However, as Court of Queen’s Bench Justice Denny Thomas read out a lengthy summary of his 131-page ruling and it became apparent that he was going to be found guilty of killing Lyle and Marie McCann during a robbery, Vader became flushed and raised his eyebrows as he looked again towards his mother and sister.
Afterwards, defence lawyer Brian Beresh told reporters that both he and Vader were "disappointed" with the decision and would appeal.
Thomas concluded Vader killed the McCanns in a violent interaction stemming from a robbery, but he conceded the evidence did not permit a detailed reconstruction of the exact circumstances.
"I conclude beyond a reasonable doubt that Mr. Vader, in one manner or another, caused the deaths of Lyle and Marie McCann," said Thomas.
"There was bloodshed. A gun was discharged. The McCanns were victims of violence. Mr. Vader inflicted that violence. The McCanns suffered bodily harm. The presence of their blood makes that obvious," said Thomas.
"Linking the facts, I have found there is no question that Mr. Vader committed homicide. The McCanns are dead. They were the subjects of violence that caused bloodshed. Mr. Vader’s biological material is mixed with blood from Lyle McCann. Mr. Vader’s motivation to interact with the McCanns was theft. Forensic and witness evidence links Mr. Vader to the McCanns’ property."
Thomas acquitted Vader of first-degree murder, saying he could not conclude beyond a reasonable doubt that he had killed one or both of them in a "planned and deliberate manner."
He said he could not discount the Crown’s theory that Vader had murdered one of the seniors in a violent confrontation during a robbery and then executed the other as a witness, but ruled there was no evidence to support it and there were other possibilities.
During his summary, Thomas rejected the defence argument that the RCMP had suffered from tunnel vision in their investigation of Vader and that the police had planted incriminating evidence.
The judge also found that Vader was a "drug dealer" addicted to methamphetamine at the time and had no money or food and was in "desperate circumstances." He said Vader likely saw the McCanns’ property as an opportunity.
Crown prosecutor Ashley Finlayson told reporters the circumstantial case was like a "jigsaw puzzle" and said the prosecution team was pleased with the decision and "very, very pleased" that the McCann family received some closure.
Lyle McCann, 78, and Marie McCann, 77, were last seen on July 3, 2010, leaving a Superstore in St. Albert while en route to Cultus Lake, B.C., for a family camping vacation.
Two days later, their motorhome was found ablaze and abandoned at the Minnow Lake campground near Edson. The Hyundai SUV they were towing was found July 16, 2010, in the woods on a rural property just off of Highway 16 east of Edson.
The trial heard police found Vader’s DNA, blood and fingerprints in the SUV, as well as blood spatter from the McCanns.
The trial also heard evidence from Vader’s then-girlfriend, Amber Williams, who testified she received texts from Vader about 2:15 p.m. on July 3, 2010, and phone records were submitted showing the cellphone he used belonged to the McCanns and was transmitting off a cellphone tower located north of Peers.
Two other Crown witnesses testified they saw Vader driving the McCann’s SUV, with one of them saying Vader had come to his home in Peers twice, the first time in a stolen pickup with no money and the second in a green Hyundai SUV and with cash.
A second-degree murder conviction carries an automatic life sentence, but Vader will have to have a sentencing hearing to determine when he will be eligible to apply for parole. A date is expected to be set at an appearance Oct. 3.
http://edmontonjournal.com/news/local-news/travis-vader-found-guilty-in-double-murder-trial