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Nova Scotia

Informant called police to his home weeks before Terry Marriott Jr.'s murder

The police informant and star witness in the first-degree murder trial of Jimmy Melvin Jr. called his police handler and asked him to send officers to his home about 2 months before Terry Marriott Jr. was shot to death.

Derek MacPhee was 'upset, agitated, fearful,' says Halifax Regional Police Sgt. Jeff Clarke

Terry Marriott Jr. (Facebook)

The police informant andstar witness in the first-degree murder trial of Jimmy Melvin Jr. called his police handler and asked him to send officers to his home about 2 months before Terry Marriott Jr. was shot to death.

A Halifax jury onThursday was not allowed to hear what Derek MacPhee told the police officer duringthat Dec. 2, 2008 call. ButHalifax Regional Police Sgt. Jeff Clarke did describe MacPhee's demeanour.

"He was upset, agitated, fearful," Clarke testified in Nova Scotia Supreme Court. "It would have been a different demeanour. I'd never heard him sound like that in my dealings previous."

As a result of that call, Clarke, who was off-duty that night, contacted another sergeant and asked him to send police to MacPhee's Harrietsfield, N.S., home.Clarke said when he spoke to MacPhee again about 30 minutes after the initial call, MacPhee was a lot calmer.

Beefexistedbetween Melvin and Marriott

MacPheehas testified he drove Melvin to ahome onFeb. 20, 2009, and then heard five bangs. The prosecution alleges Melvin shot Marriott to death as he slept.

Last week, MacPhee testified that he called the police one time in 2008 to come and check on his ankle bracelet after he was told Melvin had planned to come by MacPhee's house to kill Marriott.

MacPhee also said that he thought a beef Melvin and Marriott had with each other was fixed after he took Marriott to visit Melvin in the hospital in December 2008 and the two men ended the visit with a hug.

"I took him to the hospital because Terry had heard that Jimmy was gonna, Jimmy was telling people down around Sambro that he was going to kill him."

Melvin was rushed to the QEII Health Sciences Centre in serious condition Dec.4, 2008, after he was shot in the abdomen.

Police informant since 2004

Clarke said MacPhee began working as an informant in May 2004. MacPhee is a career criminal who has stolen more than 300 cars and lied in the past to police and the courts.

MacPhee agreed to testify against Melvin in exchange for an immunity deal, which includes wiping out more than 30 charges, including ones relating to a violent home invasion in Upper Sackville.

He is in witness protection.

The trial resumes Tuesday at Nova Scotia Supreme Court.