'I'm a soldier ... I was in trouble': Officer testifies it's what Peter Khill said after shooting Jon Styres

The police officer who arrested Peter Khill testified Tuesday at Khill's second-degree murder trial that the Hamilton man spoke to him after shooting Jon Styres in the chest with a shotgun.

"'I'm a soldier. That's how we are trained,'" Det. Const. Matthew Robinson of Hamilton police recalled Khill as saying during the early-morning hours of Feb. 4, 2016.

"'I came out. He raised his hands, to like, gun height. It was dark, I thought I was in trouble … Does self-defence mean anything in court?'" Robinson recalled Khill as asking.

That excerpt from Robinson's testimony on Day 2 of the trial, which began Monday, lays out the central question of the case — did Khill shoot the Six Nations of the Grand River man to stop the theft of an old pickup truck, or did fear and past military training lead to Khill pulling the trigger?

Styres, 29, was trying to steal Khill's truck when he was shot.

The Crown continued Tuesday to present its case to the 14 jurors in Ontario Superior Court in Hamilton by hearing testimony from various officers who responded to the shooting.

Officers provided a relatively consistent account of the scene when they arrived in front of Khill's home on Highway 56 southeast of Hamilton during the early-morning hours of Feb. 4, 2016.

Robinson, a constable at the time, and Tim Knapp, then an acting sergeant, took the stand individually. Court heard them describe a muddy, bloody and almost pitch-black scene.

Robinson testified that by the time he arrived at roughly 3:19 a.m., Hahn was performing CPR on Styres.

The passenger-side door of Khill's truck was open with some lights on inside the truck, Robinson said. He and Hahn said there wasn't music playing from the truck, but Knapp said there was.

Based on pictures shown in court, a screwdriver and some spent shotgun shells were on the ground near Styres.

Robinson testified Hahn told him to detain Khill, who was standing a little farther up the driveway.

'I even tried to save him'

Robinson said he arrested Khill and told him he was being arrested for attempted murder.

"I even tried to save him," Robinson recalled Khill as saying moments after hearing he was being arrested.

Robinson said he walked Khill back to his police car and read him his rights.

Robinson said Khill was wearing a Pittsburgh Penguins hoodie, brown slip-on shoes and plaid boxers.

Khill also had drying blood on his right elbow, pinky finger, middle finger and ring finger.

Not long after, Robinson said Styres was pronounced dead, which led him to tell Khill he was now arrested for murder.

He testified he asked Khill if he had any questions.

"What do I even ask?" Robinson recalled Khill as saying.

That's when Khill reportedly said he was a soldier following his training and felt he was in danger.

Meanwhile, Knapp said he approached Khill's partner, Melinda Benko, who was "extremely shaken up, wide-eyed and crying" while leaning out of the front door.

"'Is he going to be OK?'" Knapp recalled Benko as saying.

'Am I going to be all right?'

He said he had a brief conversation with Benko before asking if anyone else was in the house and where the gun was.

Knapp said Benko told him no one else was inside before she pointed to the Remington 870 shotgun down the hallway that was leaning against a wall.

Knapp said he made sure the gun wasn't loaded and took it back to his vehicle.

He also said he saw Khill in Robinson's cruiser.

"'Am I going to be all right?'" Knapp recalled Khill as asking.

Birdshot pellet found in Styres's body

Doug Moon, who was a forensic investigator with Hamilton police at the time, testified and spoke about the autopsy on Styres.

He said Styres was wearing a black sweatshirt over a grey sweatshirt, over a red sweatshirt, over a black T-shirt and white undershirt. He was also wearing a black glove on his left hand.

Moon said the autopsy found a locking blade knife, a cellphone, a cellphone charger, $60 in cash, a black-and-yellow flashlight, Marlboro cigarettes and a lighter in Styres's pockets and clothing.

He added there was birdshot pellet and a small gold piece found within the body bag.

X-rays shown in court appeared to show birdshot pellets lodged in his chest.

The autopsy also found plastic wadding and cardboard wadding in Styres's body.

Court saw pictures of a large gunshot wound to his chest and another wound to his upper right arm.

The trial, which is expected to last three weeks, continues on Wednesday morning.