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Nova Scotia

'I thought I was dead,' testifies bystander shot during home invasion

A woman paralyzed from the chest down in a shooting in Cole Harbour, N.S., thought she was dead after being hit by a bullet during the home invasion, the Nova Scotia Supreme Court heard Monday.

Markel Jason Downey faces 28 charges, including three counts of attempted murder

Ashley MacLean Kearse was a bystander who was shot and paralyzed in the November 2014 incident. (www.gofundme.com)

A woman paralyzed from the chest down in a shooting in Cole Harbour, N.S., thought she was dead after being hit by a bullet during the home invasion, the Nova Scotia Supreme Court heard Monday.

Ashley MacLean Kearse testified she was "100 per cent" sure she recognized the four people who broke in on Nov. 30, 2014, as people she knew, including her neighbour, Markel Jason Downey.

He faces 28 charges, including three of attempted murder.

The Crown alleges Downey fired shots at Kearse and two other people, including one that damaged the young woman's spine.

"I thought I was dead. I couldn't move. I couldn't feel anything," Kearse told the court in Halifax.

"It took the breath right out of my body."

4 masked intruders

Kearse, who now uses a wheelchair and has limited use of her hands, told the court she knew Downey by his middle name. She said they had gone to school together and had spoken before.

Kearse said on the night of the incident, she was at a friend's house, playing a video game alone in a bedroom. Two of her friends were elsewhere in the house. They returned to the room where she was, accompanied by four men.

She testified that three of the masked intruders were dressed in black, with black bandannas and black tuques. She said the fourth held a small silver gun and wore a red hoodie and pants, with the hood up and his face covered by a bandanna.

Kearse said she spoke with him, telling him to leave. Kearse also said she recognized Downey's voice.

She was unable to say exactly how many shots were fired, but said she believed the shooter emptied the clip.

She described lying in the smoky room as her friend called 911, unable to roll herself over or breathe properly. Before paramedics took her to hospital, Kearse described to police who she believed had shot her.

Victim's interaction with accused

The identity of the masked intruders is a central question in the case.

Defence lawyer Pat MacEwen questioned Kearse about how long it had been since she interacted with Downey before the shooting.

Kearse said she hadn't seen or spoken to Downey for three months prior, but that she knew his voice from previous conversations. When asked when she was able to identify the people who entered, Kearse replied: "The exact second they walked into the bedroom."

Witnesses testified last week the four masked men broke into the house to confront a man inside over a drug deal.

Three other people were charged and have pleaded guilty in the matter. They were all under 18 and their identities are banned from publication.

The CBC's Shaina Luck live blogged from court.