Travis Vader convicted of 2nd-degree murder in McCann deaths

Travis Vadersaw two Alberta seniors as a "target of opportunity" theday he murdered them and stole their money, their SUV and their motorhome, a judge ruled Thursday as he convicted the drug dealer and meth addict on two counts of second-degree murder.

With a television camera recording the event, Court of Queen's BenchJustice Denny Thomas read a summary of his 131-page ruling, in which he accepted much of the evidence presented by the Crown.

• TIMELINE |Days & Years: long road to Vader verdict

"Linking the facts, I have found that Mr.Vaderhas committed homicide," Thomas told a packed Edmonton courtroom, withVader'ssister and family members of his victims, Lyle and Marie McCann, seated in the front rows.

At one pointduring the judge's summation, BobbiVadergasped audibly when Thomas ruled her brother not guilty of first-degree murder. She then burst into tears and sobbed when Thomas found her brotherguilty of the lesser but included charges of second-degree murder.

'Mr. Vader caused the deaths of Lyle and Marie McCann'

Thomas said the evidence proves beyond a reasonable doubt thatVaderencountered the McCanns during a five-hour period on July 3, 2010, and that he killed them and stole their property.

"McCannsand their property were a target of opportunity, an opportunity thatVadertook. The McCanns were victims of violence. Mr.Vadercommitted that violence.

"I conclude beyond a reasonable doubt that Mr.Vadercaused the deaths of Lyle and Marie McCann."

Judge convicts Travis Vader of second-degree murder

8 years ago

Duration 0:39

Justice Denny Thomas finds Travis Vader guilty of murder in the second-degree of Lyle and Marie McCann.

The judge ruled that the Crown established a timeline for the day that Vader happened upon the McCanns in a campground west of Edmonton. Earlier that day, Vader was broke and driving a stolen Ford truck when he showed up first at a friend's house in the small town of Peers, Alta.

Vader left his friend,and five hours later, returned driving the McCanns' SUV, with cash in his pocket. That day, Vader used the McCanns cellphone several times to text and call his girlfriend.

Thomas said he could not recreate exactly what happened during the robbery but said that doesn't change the underlying facts in the case.

"There was bloodshed, a gun was discharged," he said. "While I cannot reconstruct the exact detail of what occurred, I also have no doubt about the overreaching relevant fact that the McCanns were victims of violence, Mr. Vader inflicted that violence.

"The problem is there are other reasonable possibilitiesthat can take us from a robberygone bad to that of two dead seniors," Thomas said.

"The most obvious is Mr. Vader encountered the two McCanns together while trying to commit a robbery. The McCanns both physically resisted Mr. Vader,and the confrontation escalated and in the struggle,both the McCanns were fatally injured."

Defence says he plans to appeal

Defence lawyer Brian Bereshsaid outside the court that he was "surprised" and "disappointed" by the judge's ruling.

"There will be an appeal, based upon what we believe are errors in the judgment," he said.

Vader's lawyer 'disappointed' with ruling

8 years ago

Duration 1:00

Brian Beresh said he thinks the court was in error for failing to reconstruct the events surrounding the disappearance of Lyle and Marie McCann as well as Travis Vader's role. Beresh said he will be appealing the decision.

In a statement outside the courthouse,BretMcCann thanked the RCMP and the Crown for their hard and diligent work on the case.

"My parents had a very long and happy life together," McCann said. "They were kindred spirits, married in 1952, they loved to be together. It is so so sad that my parents didn't live to fully enjoy their golden years, did not live to see their great-grandchildren. They and us were robbed of this great happiness.We are thrilled that justice has been served."

The RCMP issued a statement Thursday thanking Justice Thomas for "his thorough review and assessment" of the evidence.

Couple disappeared more than six years ago

Thecase has gripped the city since July 2010, when the elderly St. Albert couplemysteriously disappeared after starting a summer road trip to B.C. Theirbodies have never been found.

'This has truly been a marathon'

8 years ago

Duration 3:11

Speaking Thursday, Bret McCann thanked the RCMP and Crown for their diligence throughout the investigation into his parents' disappearance.

The case has seena seriesof legal twists and turns that caused court proceedings to drag on for years.Vader was 38 when he was first taken into custody. He is now 44.

At the centre of everything, the outspoken accused man has badmouthed the RCMP, proclaimed himself the victim of a witch hunt, and insisted that he is innocent.

• Travis Vader tells CBC he'll be acquitted of McCann slayings

The McCanns lefttheir home in St. Albert, just outside Edmonton, on July 3, 2010, en route to B.C.

Surveillance video taken at a St. Albert gas bar that dayshows Lyle McCann, 78, filling up his RV before hitting the road.

The couple was towing their Hyundai Tucson SUV, which would later become a key piece of evidence in the trial.

Family offered $60,000 reward

When the McCanns didn't show up in B.C., relatives began an emotional and public campaign to find them. A billboard with the couple's faces and a$60,000 reward offer was erected on the Yellowhead Highway east of Edmonton.It stayed there for six years.

Crown prosecutorshave argued the McCanns never made it to B.C. According to the prosecution, theywere killed near Highway 16, somewhere around Peers, Alta., whileVader was trying to steal from them.

• Prosecutors lay out their case in Travis Vader trial

Their motorhome was found in flames at the Minnow Lake campground near Edson, Alta., two days after the couple left on their road trip. Their SUV was found several days after that. The McCanns' bodies have never been found.

RCMP quickly zeroed in on Vader as a suspect. At the time, he was a drug addict with no fixed address anda lengthy criminal record for petty crimes.

Vader had so many outstanding charges that officialswere able to keep him in custody without charging him in connection with the disappearance of the McCanns.

It took almost two years before Vader was charged with two counts of first-degree murder. Almost two years after that, Vader filed a $1-million wrongful prosecution lawsuit against RCMPofficers, Crown prosecutors and jail guards.

• Vader alleges wrongful prosecution, sues for $1-million

Soon after, the Crown stayed the murder charges. Typically, the Crown has oneyear to resurrect the charges if new evidence comes to light.

Nine months later, the Crown reinstatedthe charges.

Case built on DNA evidence

The Crown's case relied heavilyon DNA evidencethat tiedVaderto theMcCanns'SUV.

During the trial, which began on March 7, anexpert witness called by the Crown testified that Vader'sDNA was found on a can of beer in the SUV. The court also heard that Vader's blood was found on the centre armrest and on the front passenger seat and steering wheel.

Among the 208 exhibits entered during the trial, the Crown producedcellphonerecords that showed the McCanns' cellphone was used to contact Vader's ex-girlfriend several times in the hours after it is believed theywere killed.

Prosecutors admitted their case was circumstantial, but insisted that when all evidence was considered, "the only rational conclusion that can be reached is that TravisVadermurdered Lyle and MarieMcCannsometime on July 3."

Defence lawyer Beresh arguedthe DNA evidence was not enough to convict his clientof murder. He said that evidence merelyshowed thatVader had some "incidental contact" with the vehicle.Beresh suggested the accusedcould have leaned into the SUV and sneezed, or been in contact with someone wholater climbedinto the SUV.

He argued the court would have to consider "the very real possibilities that Mr. Vader discovered the SUV and cellphone together and abandoned, after the true killer had detached the motor home."