Burns Lake man found guilty of second-degree murder

Judge says murder is the only rational conclusion on the whole of the evidence

A B.C. Supreme Court justice has found Albert Giesbrecht guilty of the May 18, 2017 second-degree murder of Raymond Bishop.

Justice David Crossin delivered his verdict at the courthouse in Smithers this morning.

During the six-week trial, which took place over three sessions between January and March, the Crown painted a picture of an abusive man consumed by bitterness and jealousy over his divorce from his ex-wife Susan Giesbrecht.

READ MORE: Giesbrecht murder trial concludes

On the morning of May 18, 2017, the prosecution said, Giesbrecht took the ferry from Burns Lake to Southside with the intent of criminally harrassing Susan and/or Bishop. According to the Crown’s theory, in pursuit of that “unlawful object” a confrontation between the two men ensued and Giesbrecht shot Bishop with a 30-30 rifle.

The defence did not dispute that Bishop died by Giesbrecht’s hand, but presented an alternate theory that the firearm discharged accidentally when Bishop attacked Giesbrecht. Terry La Liberte, Giesbrecht’s attorney, said that was just one possible scenario that was just as plausible a theory and as such the Crown’s evidence did not rise to the level of beyond a reasonable doubt required to prove murder.

In the end, Crossin said he did not accept the Crown had proved beyond a reasonable doubt that it was in pursuit of the unlawful object of criminal harrassment that Giesbrecht killed Bishop.

However, the judge concluded that, on the whole of the evidence, the Crown had met its burden.

“In my view the Crown has proven beyond a reasonable doubt that the accused intentionally shot Mr. Bishop, has proven his motive for doing so,” Crossin said. “I’ve concluded that on all the circumstances, the only rational conclusion is the accused so discharged his weapon intending to cause [Bishop] bodily harm that he knew was likely to cause death and he was reckless whether death ensued or not. There is no other rational conclusion available on the whole of the evidence that has been placed before me.”

The mandatory sentence for second-degree murder is life in prison. The judge adjourned the case to May 31 to fix a date to determine parole eligibility.



editor@interior-news.com

Like us on Facebook and follow us on Twitter

Just Posted

Renewal plan for 9th to be subject of meeting

District, businesses to consider options

Soup kitchen to be added to Salvation Army’s Houston services

Need for food growing as living costs rise

District of Houston applies for grants

The District of Houston is continuing its policy of pursuing grants from… Continue reading

Houston housing needs surveyed

Results to aid District of Houston planning

Two more needle disposal boxes approved

Will be emptied by health centre staffers

ELECTION 2019: Have Justin Trudeau’s Liberals really cut middle-class taxes?

Conservative Andrew Scheer vows to cut bottom bracket, NDP’s Jagmeet Singh targets wealth tax

Kamloops man hangs on to back of stolen truck as suspect speeds away, crashes

The pickup truck was seen leaving the roadway before bursting into flames

Everything you need to know before getting the flu shot

Island pharmacist shares concerns, recommendations before flu season hits

‘Sky didn’t fall:’ Police, lawyers still adjusting after pot legalization

Statistics Canada says 541 people were charged under the federal Cannabis Act between Oct. 17, 2018 and the end of the year

Fewer people prescribed opioids in B.C., but other provinces lack data: doctors

Patients who began taking opioids were prescribed smaller doses for shorter duration

Electric cello, stolen from vehicle in Williams Lake, returned to U.S. owner

Rita Rice of Texas said she and her husband had given up hope of ever seeing it again

Drop, cover and hold on: Thousands of British Columbians to take part in earthquake drill

This year’s drill comes as scientists announce discovery of ‘stormquakes,’ an earthquake and hurricane

Woman, 24, faces life-altering injuries after being dragged 4 blocks by vehicle in Vancouver

A gofundme account says the woman will have to undergo multiple complex surgeries

Most Read