Peter Khill defence grills forensic pathologist who testified about how Jon Styres may have been shot

WARNING: This story contains distressing details.

A forensic pathologist says she thought Jon Styres fell to his hands and knees after being shot in the chest by Peter Khill, before Khill fired again for a second and final time.

The statement by Dr. Jane Turner prompted Khill's defence lawyer, Jeffrey Manishen, to pepper Turner with questions, as she testified on Friday about what she thought happened the February night in 2016 when Styres died. 

Khill is facing a second-degree murder charge after shooting Styres, who was trying to steal Khill's truck at his home in a rural part of Hamilton.

The jury heard that Turner reviewed Styres's autopsy, a blood stain pattern analysis and crime scene photos.

Dr. Allison Edgecombe, who testified a day prior, was responsible for that autopsy.

What the forensic examiner thinks happened

Turner said it would be reasonable to conclude that Styres was standing at the truck, facing into the passenger compartment before Khill confronted him.

She said he probably turned to his left, saying Khill shot him at an angle of less than 90 degrees.

"He then collapsed onto his hands and knees and then was shot in the back of his right upper arm," Turner told Crown prosecutor Sean Doherty.

Khill has pleaded not guilty, arguing he was afraid for his life when he shot Styres twice. The Crown says Styres didn't deserve to die over an old truck.

Describing how Styres may have been when he was first shot, Turner said she could tell the chest shot was the first one because there was visible hemorrhaging in the right lung after that shot — which means blood was flowing to the lung and would indicate Styres's heart was still beating.

That same hemorrhaging, Turner said, wasn't seen when the second gunshot lodged a pellet into Styres's right kidney.

She said that would mean blood wasn't flowing to the organ because Styres's heart already stopped beating — a point that would be especially scrutinized later on.

She said she thinks Styres was standing at the truck and turned to the left because of the shape of his chest wound, the fact the pellets travelled toward the right side of his body and because there was no blood splatter on the inside of the passenger door and toward the front of the truck.

She also said she thought Styres was on his hands and knees because he had mud on his hands, knees and tips of his shoes in crime scene photos.

'Your answers are still the truth?'

In cross-examination, Manishen tried to cast doubt on her explanation.

He said the scenario she painted was one of many possible scenarios.

Manishen said Styres could've got mud on his hands and knees while he was punching in the lock of Khill's passenger side door with a screwdriver.

"That's a reasonable scenario, isn't it?" Manishen asked Turner.

"Yes," she said.

He also said instead of being on his hands and knees, Styres could've been bent over after being hit with the first shotgun blast.

He also pointed out Turner previously said the "best explanation" was that Styres was stooped forward when he was shot a second time.

"And [your answers then] are still the truth today?" Manishen asked Turner.

"Yes," she said.

Manishen also tried to point out a contradiction in her explanation about when Styres lost his heartbeat.

Manishen said Edgecombe's autopsy noted a hemorrhage in the right kidney, despite Turner saying there wasn't blood flowing toward the organ.

Turner said while she didn't see signs of a hemorrhage, based on Edgecombe's note, it could indicate there would still be blood flowing to the kidney. 

Manishen suggested that could show Styres didn't fall after being shot in the chest and could have still be able to move at that point.

Turner said that could be true but Styres collapsing after being shot in the chest was "equally possible."

Manishen also noted Turner hadn't seen a recent supplementary report from the blood stain analysis and suggested she might not have the whole picture.

Doherty re-examined Turner and asked if her opinion on the order of how Styres was probably shot changed based on Manishen's questions.

Turner said her opinion remains the same.

The trial resumes on Tuesday morning.