At a preliminary inquiry into a charge of first-degree murder, the Crown alleged that the accused intentionally shot his wife following marital discord and separation discussions.
The defence argued the shooting was accidental, occurring during a struggle over a firearm as the accused attempted suicide.
The court found sufficient evidence of intentional shooting based on the common sense inference from pointing and firing a loaded handgun at close range, forensic evidence regarding trigger force and muzzle proximity, circumstantial evidence of the victim's incapacity at the time of shooting, and evidence of animus.
The court also found some evidence of forcible confinement based on ante-mortem and peri-mortem injuries and the time gap between the victim's final text and the 911 call.
The accused was committed to trial for first-degree murder.