Philip Pynn pulled trigger, Billy Power tells jury
Pynn-Butler trial hears
Wearing the same gold and diamond pendant that the Crown says made him a target in 2011, Tom "Billy" Power was grilled about his feelings toward murder suspect Philip Pynn during his second day of testimony in St. John's Supreme Court.
Power, 40, the Crown's key witness in its case against Philip Pynn and Lyndon Butler, also identified Pynn during testimony Wednesday as the man who pulled the trigger in the shooting death of Nick Winsor at Power's house in July 2011.
Pynn and Butler are charged with second-degree murder in that death. They are also charged with the attempted murder of Power himself.
The Crown alleges that Pynn, Butler and Winsor went to Power's house to rob him, but that something went fatally wrong.
"You hate Philip Pynn, don't you?" lawyer Mark Gruchy, who represents Pynn, said during his cross-examination of Power Wednesday afternoon.
"Don't like him," Power said, "I got no time for him, no one I want to associate with."
Power eventually admitted that he hates Pynn, after Gruchy showed him a statement from 2011 in which Power told police he hated Pynn.
Gruchy also pointed out that Power is not afraid to "confront a rival," which the defence lawyer said was evident when Power fought Pynn's brother Eddy Martin seven years ago.
A large chunk of the afternoon testimony surrounded Power's criminal past, including multiple convictions for possessing stolen property.
"So, you are a criminal, you hate Philip Pynn and you will resort to violence?" Gruchy said.
Power said he would be violent if he was attacked and threatened, which he said he was when Martin pulled a knife on him outside a Shoppers Drug Mart store on Freshwater Road.
Gruchy's cross-examination will continue Thursday morning, followed by questions from Butler's lawyer Jeff Brace.
Identifying Butler
Power's testimony is critical to the Crown's case.
Power had already told the court Tuesday that Pynn was one of the men who tried to kill him, but the jury heard Wednesday that Power did not immediately identify the third man at his garage on the night that Nick Winsor was killed.
It wasn't until Power's stepdaughter Megan Reddigan showed him two Facebook photos that Power identified Butler as the person who hit him several times over the head with a pipe, leaving a gash that needed staples.
Power could not say with certainty that Butler was the man who assaulted him, when police showed him a photo lineup of several men shortly after Nick Winsor was shot to death in Power's garage on July 9, 2011.
Crown prosecutor David Bright's referred to the Facebook photos as a second police photo lineup while questioning Power.
However, Butler's lawyer Jeff Brace objected, pointing out that it was not a photo lineup, and that Power was instead shown photos of Butler from a social media site.
'Do them cameras record?'
Power reiterated to the court that Pynn, 28, knocked on his door that night, and that he was the man who fired the shot that killed Winsor. Power had made the same statements during testimony on Tuesday.
Power told the jury that he has never owned a shotgun.
Do them cameras record?- Philip Pynn, according to testimony from Billy Power
Power recalled the conversation he said he had with Pynn after he came to his back door that night.
According to Power, Pynn asked, "Do them cameras record?" "Yes. 24/7," Power said.
Power alleged Pynn said, "But they don't work at night time."
Four surveillance cameras captured audio and video from the night of the fatal shooting. But because it happened at night and that it was raining and windy at the time, the picture is grainy and the audio is muffled.
'Bit of weed'
The jury heard that it was only after the Crown told Power at a meeting at Atlantic Place that he needed to be truthful that Power told the Royal Newfoundland Constabulary what he had put in his stepdaughter's bags minutes after the shooting.
In September, Power was advised by police that he was being investigated for perjury as well as drug offences.
Power said while Reddigan was shoving her clothes in one plastic bag, he took a "bit of weed" from his kitchen and stashed it in another bag to "hide it from police."
"Had you been offered any deal or anything like that to tell the truth?" Bright asked. "
No sir," Power said.
Power not currently facing any criminal charges.
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CBC reporter Ariana Kelland has been filing updates from the courtroom to our live blog.
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