Matthew Wilfred McKay, the man accused of shooting Calli Vanderaa 16-years-old at the time, with a stolen RCMP gun outside a Windsor Park convenience store in 2015, has been acquitted.
In the early morning hours of October 24, 2015, someone fired a gun at the vehicle Calli Vanderaa was in, hitting her in the chest. She was rushed to hospital in critical condition and required multiple surgeries. She has since recovered.
A police investigation revealed the firearm was stolen from an off-duty RCMP officer’s vehicle.
Matthew McKay was arrested, and later charged. But during the trial, Court heard that witnesses at the home where the handgun was stolen and those where the shots were fired, had all been drinking or smoking marijuana.
In his ruling, Justice Sheldon Lanchbery said any identification must be considered in light of their alcohol and or drug consumption at the time.
"I am uncertain as to the accuracy of the identifications made."
Lanchbery said there is no physical evidence tying the handgun used in Vanderaa’s shooting to McKay. And the handgun was found in the possession of another person.
"This causes me great concern about the reliability of evidence when there is no evidence in front of me as to how (he) was in possession of the handgun at the end of the night. Only his own discredited statement."
"The crowns case was based on witnesses who were intoxicated or high. This is not the foundation for proof beyond a reasonable doubt. My doubts are not frivolous. They go to the very heart of this matter who was the shooter. Given the inconsistencies it's hard for me to conclude that the crown has proven its case on a balance of probabilities. The criminal standard of proof beyond a reasonable doubt is therefore far from being established," said Lanchbery.
"By not being able to identify the shooter and given the limitations of the crowns case by virtue of the unreliability of its witnesses and the absence of physical evidence I must acquit Matthew McKay on all charges."
