Jimmy Melvin said he got rid of murder weapon, police informant testifies

A police informant told a Halifax jury Tuesday that accused murderer Jimmy Melvin told him he got rid of the gun used to kill Terry Marriott Jr. and that no one would find it unless they went "scuba diving."

Melvin, 35, is accused of shooting Marriott to death while he napped in a Harrietsfield, N.S., home on Feb. 20, 2009. His first-degree murder trial began this week in Nova Scotia Supreme Court. He has pleaded not guilty.

The prosecution's star witness is Derek MacPhee, a career criminal who was friends with both men andis testifying in exchange for immunity. He is alsoin witness protection.

He has told the court he drove Melvin on a four-wheeler to the home where Marriott was sleeping off a night of partying. Melvin, he said, had a .357 gun, while MacPhee brought a .38 gun.

'Not unless they go scuba diving'

On Tuesday, MacPhee testified that when he asked Melvin for his gun back following the homicide, Melvin told him he had double-bagged it and thrown it in a ditch somewhere between a pizza shop and another location.

When MacPhee asked if anybody would ever find Melvin's gun, "he said, 'not unless they go scuba diving.'" MacPhee said he took that to mean that it had been thrown into Halifax harbour.MacPhee said he never saw either gun again.

MacPhee, who also went inside the Harrietfield home where Marriott slept, has told the court he heard five loud bangs.

The prosecution alleges Melvin had a beef with Marriott, and MacPhee has said Melvin had talked about killing him "for years."

Blamed others for murder

MacPhee testified he only told one other person the exact details of what happened that day. When others talked about the murder and asked questions, he said he would give them different answers "like misdirection."

When Crown attorney Rick Woodburn asked Tuesday why he did that, MacPhee said because it was so obvious what had happened.

"I thought someday me or him, Jimmy, would be in court for this someday and it would be so messed up that no jury would be able to believe anything," he said.

Before he went to police, MacPhee blamed different people for the murder.

Policequestioned MacPhee more than once in Marriott's homicide before he eventually told them Melvin was the alleged shooter.

Another shooting

Court also heard that after Marriott's murder,MacPhee shot his friend, Regan Henneberry, in the leg four times in May 2009 because Henneberry broke MacPhee's nose in an earlier fight.

MacPhee told the court he drove around for six hours before that shooting "to cool off" because the thought of killing Henneberry had crossed his mind. MacPhee was under a court order to keep the peace and be of good behaviour at the time.

Under cross-examination, Melvin's defence lawyer, Patrick MacEwen, listed the numerous times MacPhee had violated court orders or his parole.

"You really don't have a lot of loyalty to the court," MacEwen said.

"Correct," MacPhee replied.

In 2003, he was involved in three firebombings and arsons. And he told the court that whenever his rent was due he would go out and do break and enters.

His testimony continues Wednesday.

1 juror removed

There was another development in the case Tuesday. One of the 14 members of the jury panel was removed for reasons the judge did not specify.

"If that juror has spoken to you about the circumstances surrounding her removal or recusal from the jury, you should disregard that information entirely," Justice Jamie Campbell told the remaining 13 jurors.

"It's important that you not speculate on why that person is no longer a member of the jury."