A photo provided of Byron Bear at the time of his disappearance. (Submitted photo/Prince Albert Police Service)

By Nigel Maxwell

Court proceedings

Not guilty verdict in Byron Bear murder case

Oct 2, 2024 | 5:00 PM

Mere moments after being acquitted of second degree murder and a lesser offence of manslaughter, a visibly emotional man rose from his seat in the prisoner’s box and hugged his mother.

Kyle Angus Burns appeared Wednesday morning at Court of King’s Bench in Prince Albert.

He was one of five men charged in the death of Byron Bear in late 2021. The trial wrapped up last May and at the time, while going to his vehicle, Burns had told paNOW “I didn’t shoot anybody.”

As per testimony, the incident that resulted in Bear’s death, involved two groups of people exchanging gunfire outside a residence in Prince Albert’s Midtown area. Bear was one of several people who reportedly went to the home to help settle a $1,300 drug debt.

Upon hearing a loud bang several men in the home armed themselves with guns and took positions by the door. Seconds later, they fired towards the driveway area where one of the intruders poured gasoline into the back of a parked car.

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That person would turn out to be Byron Bear, and after his body was loaded into the back of the car, it was later driven to and dropped off at a rural area near Rosthern. Another two months passed before his remains were discovered.

A picture taken at the time of the incident. (Nigel Maxwell/paNOW Staff)

According to Justice J. Currie’s written decision, the Crown failed to prove beyond a reasonable doubt Burns was the one who shot Bear. Among the reasons cited was his belief that the witnesses, who were also the co-accused, could have all been lying and minimized their roles.

“If I were to find Mr. Burns guilty, I would be doing so on the basis of conflicting evidence from witnesses who have strong interest in shifting blame from themselves, who may well have been substantially intoxicated by drugs and alcohol at the time of the events, and none of whom I find to be credible and reliable,” he wrote.

Furthermore for Burns to be convicted of manslaughter, the Crown had to show he was a party to the offence and provided the shooter with a gun. While two witnesses testified to seeing Burns pull out two rifles from the couch and take a position by the door, another witness claimed Burns never left the couch and had no involvement at all.

“I have reviewed the conflicting evidence on this specific point. I am not able to resolve that conflict, ” Currie stated.

At the trial, Burns was not called on to testify, and Justice Currie, noted he was never required to do so.

“The onus is not on him to prove that he did not commit an offence. The onus is on the Crown to prove he did commit an offence, and the commission must be proved beyond a reasonable doubt.”

Another of the co-accused, Riley Primeau, was sentenced last February after entering a guilty plea to manslaughter. He received an eight-year prison term.

While Primeau was also not the one to shoot Bear, he was still considered a party to the offence and had been armed with his own gun, which he fired into the air.

Jackson Henry, Daniel Oliver and Raine Farrow all have pending court dates.

At the time of his disappearance, Byron Bear was working to complete training to become a medical taxi driver. He also had a nine-year-old daughter.

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nigel.maxwell@pattisonmedia.com

On X: @nigelmaxwell