Adam Pelletier was found deceased on Oct. 10, 2020. He and the accused had been drinking together that night, along with multiple others. (submitted photo/April Roberts)

By Nigel Maxwell

Court proceedings

Man shot with own gun says witness at Prince Albert manslaughter trial

Jan 24, 2023 | 5:00 PM

Editor’s note: the following story contains graphic details

A woman who was present when a man was shot and killed during a social gathering in Prince Albert, explained he was one who brought the gun to the house and had been fooling around with the weapon, just prior to it going off.

This was among the testimony heard during day two of the Lynessa Highway manslaughter trial at Court of King’s Bench in Prince Albert. Highway, who was 18 at the time of her arrest in October, 2020, is alleged to have caused the death of 18-year-old Adam Pelletier.

In the early morning hours Oct. 10, police were called to a residence in the 1700 Block of 14th St. W. That’s where they found Pelletier suffering from a gunshot wound. He was pronounced deceased soon after.

Nina Custer testified multiple people were drinking together in the basement, sharing bottles of vodka. She described the mood as chill, with no one having any conflicts with anyone else.

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She said Pelletier had been storing the gun in a duffel bag, and had been invited by Highway to come over. Custer said he told her he was scared and needed it for protection. She added he had also asked for a screwdriver to fix the gun, but wanting no part of the gun, she said no.

Later in the night, only Custer, Highway and Pelletier remained in the basement. Custer explained Pelletier and Highway were sitting next to each on the couch and were passing the gun back and forth.

“He was saying shoot me,” Custer said.

Moments later, after looking down at her phone, Custer recalled hearing a loud bang. When she looked up, Pelletier was slumped over and covered in blood. Custer then immediately called to her mom upstairs to call 9-1-1.

Unaware of what happened to the gun after, Custer said one of Pelletier’s friends grabbed the duffel bag and ran off before police arrived.

Then upon taking a closer look at Pelletier, Custer said when she checked his pulse, she felt nothing. Highway meanwhile was holding him, crying.

When cross examined by defence lawyer Ron Piche, Custer confirmed she saw Pelletier and Highway passing the gun back and forth, and Highway was not wanting anything to do it. The witness also confirmed she did not see who pulled the trigger.

Possible Charter issues

Highway’s state of mind when she spoke to police, level of intoxication and when she was allowed to speak to a lawyer, have been central themes during the trial.

The two hour statement Highway provided to police remains part of a voir dire, which is essentially a sort of trial within a trial to determine admissibility of evidence.

Earlier in the day Tuesday, the court heard from two of the police officers involved in the investigation.

Both expressed their beliefs that while Highway was extremely emotional upon her arrest and while being questioned roughly 15 hours later, did appear to have a clear understanding of what was happening and did not appear intoxicated.

When given the opportunity to cross-examine, defence lawyer Ron Piche asked multiple questions related to the line of questioning used, Highway’s health and level of alertness at the time of the statement, and at what point during her questioning was a lawyer made available to her.

Highway sat with family members during Tuesday’s proceedings.

A total of five days have been set aside for this week’s trial. The Crown is expected to call one more witness and it’s unclear if the accused will be called on by the defence. Piche confirmed for paNOW it will depend on whether Highway’s statement is admitted as evidence.

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nigel.maxwell@pattisonmedia.com

On Twitter: @nigelmaxwell