Pynn-Butler trial: Billy Power questioned on identifying suspect
Tom "Billy" Power, a key witness in the second-degree murder trial of Philip Pynn and Lyndon Butler, was questioned Monday about photo lineups.
For the fifth day, Power was in the witness box, with defence lawyer Jeff Brace raising questions about a photo lineup he was shown soon after the fatal shooting in his garage that claimed the life of Nick Winsor, 20.
"He was a big man, big jaw, big forehead," Power recalled telling police about the man who he says attacked him.
He also described the man as having light-coloured hair and tattoos on his face and neck.
Butler, 24, stands accused of being the third man who was in the garage with Winsor and Pynn the night of the shooting.
But on Monday, the jury learned that Power was not always certain who beat him over the head with a pipe in the lead-up to the fatal shot being fired.
After looking at 79 mugshots, none of which included a photo of Butler, Power pointed to one photo and said, "He looks a lot like this fella."
The next day investigator Sgt. Tom Warren received two calls from Power, in which the 40-year-old gave him names of four men including Butler's and Jonathan Rowe's. Rowe is charged with accessory after the fact in this case.
"They were names that people were after giving me," Power said, explaining that his friends called him with the names of men who could have been involved.
The next day, Power was brought in to view another police lineup — this time the lineup included Butler's mugshot along with the three other men whom he had mentioned.
Still, Power did not identify Butler.
Facebook photos
Hours after Power looked at the photo lineup, he testified his stepdaughter Megan Reddigan showed him photos of Butler that were on Facebook.
Power called police and told them he had identified Butler as the last person who was there that night.
Power insisted it was Reddigan who brought the photos to his attention. However, when Reddigan was on the stand she testified she had no recollection of showing Power photos of Butler on Facebook.
Brace also indicated that Power's description of his attacker doesn't line up with Butler's characteristics.
"Now, you know Lyndon doesn't have tattoos on his face, right?" Brace asked.
"Doesn't look like it."
During a February 2010 police interview, Power faltered in his recollection of the third man's tattoos.
"I would have just faintly seen a bit of mark, like it could have be a smudge of paint," Power told police.
Getaway car
Power's testimony also touched on the vehicle that the men sped away in minutes after Winsor took a fatal blow to the neck.
Surveillance video from outside Power's garage shows two men rushing in an unidentifiable, waiting vehicle parked in the driveway and heading south on Portugal Cove Road.
The Crown contends they do not know who was driving the vehicle that night.
Power described the vehicle that his assailant's escaped in as a small, 4-door vehicle, similar to a Saturn.
Brace pointed out that Power and his family own a fleet of Mazda Proteges, suggesting that Power should be able to identify the make and model of vehicle if he had seen it.
Power finished his testimony on the stand early Monday afternoon.
The Crown's next witnesses are Const. Ron Simms and Sgt. Tom Warren.
Follow the live blog below as CBC reporter Ariana Kelland tweets from Supreme Court.
ABOUT THE AUTHOR
