'Nobody be a f--king hero': Chilling video played at Brandon Phillips trial - Action News
Home WebMail Monday, November 18, 2024, 10:37 AM | Calgary | -2.3°C | Regions Advertise Login | Our platform is in maintenance mode. Some URLs may not be available. |
NL

'Nobody be a f--king hero': Chilling video played at Brandon Phillips trial

Chilling surveillance video showing Larry Wellman's efforts to thwart a masked gunman the night he died at a St. John's hotel was played to a Supreme Court jury Thursday.

Warning: The details in this story may be disturbing to some

Brandon Phillips, 29, was led into courtroom No. 4 without handcuffs or shackles Thursday for the start of his trial. He has been allowed to sit next to his defence counsel, instead of sitting in the witness box. (Eddy Kennedy/CBC)

Chilling surveillance video showing Larry Wellman's efforts to thwart a masked gunman the night he died was played to a Supreme Court jury in St. John's Thursday.

Video from the bar at the Captain's Quarters Hotel was the first piece of evidence the 12-person jury has seen at the Brandon Phillips first-degree murder trial.

Phillips, 29, is accused of killing Wellman during a robbery at the St. John's hotel on Oct. 3, 2015.

One juror winced as audio from the struggle and subsequent shooting echoed throughout courtroom No. 4.

'I love you'

Surveillance video shows a masked man wearing dark clothing walk into the bar. There's a gun in his hand.

Moments later, a man's voice calls out to the bartender, demanding cash, setting off a frantic chain of events that left Wellmanbleeding out on the floor of the bar.

"Put the f--king money in the bag right now," the gunman said.

That's when Wellman, a 63-year-old man who was having a drink and playing VLTswith his wife, Linda McBay, stepped in.

"Hey! Nobody be a f--king hero," the robber is heard saying.

Desperate to stop her husband, McBay at one point gets betweenWellmanand the gunman.

Surveillance video, taken from three different angles, was shown to a jury at Brandon Phillips's first-degree murder trial Thursday afternoon. (RNC)

"Larry, I'm telling you. F--k off!" McBaybegs.

But he doesn't stop.

"Hey buddy. This one's f--king loaded," the unidentified man says."Save your husband. Save his life."

Wellmanis seen picking up a small table, then pushingit towards the man. But it's nomatch for the gun carried by the robber.

As a blast rings out, Wellman is sent backwards.

McBay screams after her husband, asWellmanrepeats 'I love you.'

"Are youhappynow?"McBayis heard saying between screams. "Larry. Larry. Oh my God."

Juror's eyes were fixated on the two screens in front of them, as McBay'sdeafening screams rang throughthe courtroom.

Wellman's daughter, who was present in the courtroom, took out a tissue and dabbed her eyes.

Robber still wants money

Despite shooting a man, the video shows the robber was still intenton getting money.

He steps over Wellman and continues his demands to the bartender."Give me my f--king money," he says before leaving.

Crown attorney MarkHeerematold the jury a police officer heldWellmanin his arms until paramedics came.

He died later in hospital.

During his opening address to the jurors,Heeremapointed out it's not their job to decide whether Wellman'sactions were extremely brave or reckless.

"The video itself cannot necessarily answer who is behind the mask,"Heeremasaid.

DNA evidence

In laying out the Crown'scase, Heeremasaid jurors will be shown DNA evidence that connects Phillips to the crime.

An officer canvassing the area around the hotel after the shooting found a tuque with two slits for eye holes, Heeremasaid.

There was gunshot residue on the outside of the hat and DNA inside, he said.

Larry Wellman, 63, in the foreground, enjoying his favourite spot in the Bay of Islands, John's Beach, with a cousin. (Submitted by Heather McGrath)

The DNA profile matched with Phillips, Heerema told the jury.

Before Phillips was arrested, police watched him exit and enter a home where a sawed-off pump-action Winchester 12 gauge shotgun was later discovered under couch cushions, Heerma said.

The barrel and the stock had been shortened.

"You'll hear a lot about this shotgun," he said.

Heeremaalso said sneakers with both Wellman's and Phillips's DNA were found in the same house.

'Enormous responsibility'

In opening statements forthe defence, lawyer Mark Gruchysaid he will not go through every piece of evidence.

"It is an enormous, enormous responsibility," Gruchysaid to thejurors of how critical their roles are in the case.

"I am going to ask you to keep an open mind, to pay attention to the evidence, to not decide anything until the end."

Gruchyrepeated to jurors to pay close attention to the attributes of the gun and the evidence given by one of the upcoming witnesses.

The trial is expected to last six weeks.

Prior to trial beginning, Justice Valerie Marshall gave instructions to the jury and let them know about their challenging but necessary role.

"You are the only persons to decide the facts," she said. "Punishment has nothing to do with your task."

Linda McBay is expected to take the stand on Friday.

Want to follow the latest from the trial?Check out our live blog.

_______________________________________________________________________________________________

ReadCBCNL's previous coverage of thetrial:

With files from Fred Hutton