A Hamilton jury has found Peter Khill not guilty of second-degree murder but guilty of manslaughter after shooting and killing Jon Styres in 2016.
After roughly 13 hours of deliberations, the 12-person jury reached the verdict on Friday afternoon.
At 5:06 p.m., Khill learned his fate.
When the verdict was read, the courtroom was tense and silent before tears fell from both Khill’s family and Styres’ family. They muffled whimpers and cries.
Khill shook his head moments after hearing the verdict. Soon after, he hugged his wife and other family members.
Manslaughter carries no minimum sentence, unless it’s committed with a firearm, in which case the minimum sentence is four years in prison.
Khill won’t be in custody over the weekend, but on Tuesday, Dec. 20 at 10 a.m. they’ll decide if his bail will be revoked. His sentencing will come at a later date.
Khill, 26 at the time of the shooting, pleaded not guilty, saying he was using self-defence because he thought Styres had a gun and was about to pull the trigger.
While Styres, a 29-year-old Six Nations man, had a knife in his pocket and was trying to steal Khill’s truck. He didn’t have a gun.
Khill was initially acquitted in the first trial back in 2018 before being ordered by the Supreme Court of Canada to face a new trial last year.
The second trial lasted only a few days in November and ended in a mistrial.
The case had an especially high profile in 2016 because of its similarities to the 2016 shooting death in Saskatchewan of 22-year-old Cree man Colten Boushie.
Before the trial began, jurors were asked if they had any bias, beliefs or preconceived opinions about Indigenous men.
The night Styres died
The 12-person jury heard Khill testify that loud bangs outside of their rural Hamilton home woke them at 3 a.m. on Feb. 4, 2016.
Khill, a former reservist, said his military training kicked in, prompting him to grab his shotgun, load it with two shells and move toward the noise.
He said he wanted to confront and detain whoever was outside to get control of the situation.
Khill said he exited his home through the back door and entered a breezeway connecting his home and garage, using military techniques to move silently.
It led him to Styres, who was within three-and-a-half metres and was leaning over the passenger seat of the truck, not sensing Khill’s presence.
Khill said when he saw Styres’s silhouette, he immediately yelled, “Hey, hands up!”
LISTEN | Peter Khill talks to dispatcher after shooting Jon Styres:
The jury heard a 911 call made shortly after Peter Khill shot Jon Styres. Khill is on trial for second-degree murder.
After seeing Styres’ hands comes together and move above waist height, Khill said he fired two shots, thinking Styres was armed.
Crown prosecutors argued Khill wasn’t out there to try and detain Styres but rather, he was angry and was determined to kill whoever was at his truck.
They also testified Khill shot Styres in the chest and then shot him again when Styres was on his hands and knees.
The crown called numerous witnesses including a firearms expert, while the defence brought in experts who could attest to how repetitive military training can stay with people for a long time and be their default response under stress.