Jury begins deliberating in Kyllan Ellis second-degree murder trial

The fate of Kyllan Ellis fate rests in the hands of five women and seven men who began deliberating Tuesday in his second-degree murder trial.

Ellis is accused of killing Simone Sanderson in 2012. The 23-year-old's body was found in an empty lot at the corner of Main Street and Burrows Avenue.

Justice Chris Martin told the jury they can arrive at one of three conclusions: guilty beyond a reasonable doubt of second-degree murder, not guilty of murder but guilty of manslaughter, or not guilty.

Martin's instructions to the jury took about an hour and a half and touched on specific areas of evidence, including the wire tap conversation between Ellis and his mother Carol, self-defence and the testimony of his parents.

"You have to decide if Mr. Ellis said these things to them," Martin told the jury about what John and Carol Ellis testified their son told them.

"This is critical evidence in the case," Martin said. 

Court heard Ellis told his father, "I think I may have killed someone," and his mother testified he said he "choked a girl."

• Accused said he 'ended up choking' woman, Kyllan Ellis's mother testifies at 2nd-degree murder trial

• 'I think I may have killed someone,' Kyllan Ellis told father in 2014

Martin instructed the jury to look at all evidence in the case, which includes witness testimony, expert testimony and physical evidence.

"Use your common sense and personal experience," said Martin.

He told the jury to consider the three essential elements of murder:

1. Did Ellis cause Sanderson's death
2. If so, did he cause it unlawfully?
3. Did he have the state of mind, or intent, for murder? 

Martin said it was up to the Crown to prove intent, which could be in one of two ways: Ellis meant to cause Sanderson's death or he meant to cause her bodily harm which he knew would kill her and did it anyway.

In her closing argument, Crown lawyer Joanna Kostiuk told the jury Sanderson was trying to defend herself from Ellis. The pathologist testified the woman had cut marks on both of her palms, which he called defensive wounds.

Kostiuk said Sanderson weighed around 100 pounds and was under 5-foot-4 tall. She said Ellis is about 6 feet tall and weighed about 200 pounds at the time of Sanderson's death.