The jury deciding the fate of a 19-year-old Moncton man charged with first-degree murder and arson has been given deliberation instructions from the judge.
Devin Morningstar is one of three people accused of murder and arson in the death of 18-year-old Baylee Wylie, whose remains were found in a burned-out apartment in Moncton on Dec. 17, 2015.
In his instructions Wednesday morning, Justice John Walsh reminded the jury that Morningstar must be presumed innocent unless the Crown has proven his guilt beyond a reasonable doubt.
Morningstar sat quietly as evidence was recounted for the jury, including that Wylie had been beaten then stabbed between 140 and 150 times.
Justice Walsh noted that Morningstar must be found guilty if the jury finds that he intentionally confined Wylie and that his murder happened during, or as a result of the unlawful confinement.
The jury must also render a verdict on both charges facing Morningstar, and that their decision doesn't have to be the same for each charge.
The jury heard closing arguments Tuesday, with the Crown and defence painting very different pictures of Morningstar.
The Crown took several hours to address the piles of exhibits entered during the trial. Prosecutor Stephen Holt told the court Morningstar took part in Wylie’s forcible confinement and stabbed him three times with a knife while holding him down.
While the defence didn’t present any evidence during the trial, lawyer Bob Rideout told the jury that Morningstar was simply a ‘fall guy’ in a larger plan made by his co-accused.
Rideout added that Morningstar acted out of self-preservation when the altercation began in the basement of 96 Sumac Street that night.
Both the Crown and defence noted that Morningstar himself had been cut, with his blood placing him at the scene.
Two other people – Marissa Shephard and Tyler Noel – are also facing first-degree murder and arson charges in Wylie’s death, but won't go to trial for at least another year.
With files from CTV Atlantic's Cami Kepke and Jonathan MacInnis.
