Teacher testifies about being shot as attempted murder trial starts in Moncton

A teacher testified he thought he was being pranked before being shot in the arm almost three years ago while leaving a high school basketball practice in Riverview. 

Christopher Leger was the fourth witness to testify in Janson Bryan Baker's trial, which began Monday in Moncton.

The 27-year-old is accused of attempting to murder Leger with a sawed-off 12-gauge shotgun on Jan. 5, 2021, outside Riverview High School.

It's among the 16 charges Baker faces, including attempting to rob Leger of a gym bag, and allegedly using the shotgun to attempt to rob Joshua Hebb that same day. 

Leger testified he was walking home after coaching a varsity boys basketball team with Hebb. While outside the school, he said a vehicle pulled up beside them and demanded they hand over their belongings. 

"My instinct was a kid playing a prank," Leger testified.

He said he looked at Hebb, whose reaction suggested it wasn't a prank. Leger said he looked back toward the vehicle and saw a gun through the driver's side window.

"'Do you want to fucking die? Give me your bag,'" Leger testified the driver yelled. 

Leger said he began to remove his bag, which he said had sneakers in it, but felt like he was about to be shot anyway and started to turn away. That's when he said he felt pressure in his arm and realized he had been shot. 

The car immediately drove off without Leger or Hebb's belongings. Leger testified he had been shot in the arm, with shotgun pellets lodged in various places, including his left shoulder, cheek and arm.

He testified that 19 pellets were left in his arm and that he was left with reduced mobility and nerve damage. 

Crown prosecutors played surveillance footage which showed the car approach and the shooting unfold within about 10 seconds. After watching the video, Crown prosecutor Malika Levesque asked Leger what he noticed compared to his memory. 

"I remember it taking a lot longer than that," Leger said.

"What did you do to provoke that individual?" Levesque asked. 

"Oh, nothing," Leger said. 

Leger identified Baker in the courtroom as the man who shot him. 

Under cross-examination by Baker's lawyer Alex Pate, Leger said he had never seen Baker prior to the shooting. Pate asked if the person had given Leger any time to actually hand over his belongings before firing. 

"No," Leger said.

Leger was the last witness called Monday. The trial resumes Tuesday morning.

Baker pleaded not guilty to the charges at the outset of the trial, followed by his lawyer telling Justice Richard Petrie there were recent developments that could affect the trial. 

Pate said he was recently reviewing evidence in the case with Baker when they came across something, which Pate didn't specifically describe, that affects the defence portion of the case. 

"It's led to a situation where the defence is ready to make substantial concessions," Pate said. 

It wasn't immediately clear what those concessions could entail. 

The lawyers were expected to discuss the issue after testimony concluded Monday, which could result in an agreed statement of facts outlining what Baker admits.

Pate said the trial would likely just be about whether Baker had the intent to commit the alleged crimes.

Pate said they'd likely seek a psychiatric evaluation of Baker, which would take time to arrange and complete. However, he said they were ready to proceed with the trial. 

Later, Pate told the judge that the issue wasn't about whether Baker is fit to stand trial or potentially not criminally responsible for his actions. 

"It's more an issue of Mr. Baker's ability to form intent," Pate said, saying there is an issue about Baker's level of intoxication at the time.

School staff first to testify

Testimony Monday featured four high school staff, including Hebb and Leger. 

Former Riverview High School principal Jason Reath described being called about the shooting and reviewing security footage with police. 

Vice-principal Heather McIntyre was walking out of the school the evening of the shooting, saying it was shortly after 5 p.m.

She heard yelling, and came upon Leger on the ground and was told he had been shot.

Hebb's testimony was similar to Leger's, though he recounted a slightly different phrase being yelled by Baker. 

"'Give me all your stuff, do you think I'm kidding, give me all your stuff,'" Hebb testified he heard. 

Hebb also identified Baker in court as the man who shot Leger. 

Shooting led to emergency alert

Baker is also charged with allegedly using a sawed-off 12-gauge shotgun — a prohibited weapon — in attempting to rob Leger of a gym bag, and allegedly using the same weapon to attempt to rob Joshua Hebb that same day.

Other charges from that incident include intentionally discharging a firearm while being reckless as to life, aggravated assault, storing a prohibited weapon, two charges of pointing a firearm, possession of a firearm for the purpose of committing an offence, possession of a firearm for which he did not have a registration certificate, along with a handful of other firearm related charges.

The shooting led to the RCMP's first direct use of New Brunswick's emergency alert system. A search for Baker continued overnight, until he was arrested Jan. 6, 2021 in Amherst, N.S.

Baker has remained in custody since then.