Pynn-Butler trial opens with details on fatal struggle

Day 1 of a second-degree murder trial being held at Supreme Court in St. John's offered up some fascinating and startling insight Tuesday into what both the Crown and defence believe happened during a deadly incident on Portugal Cove Road in July 2011.

Philip Pynn and Lyndon Butler are accused in the killing of Nick Winsor in what prosecutors say was a botched robbery that went bad after the target, Tom (Billy) Power, fought back.

In his opening statements to Justice James Adams and the 12-member jury, prosecutor David Bright painted a disturbing picture of what he believes happened on the night of July 9, 2011.

Bright and fellow prosecutor Brian Casey allege Pynn and Butler murdered Winsor with a shotgun, and also tried to kill Power.

Prosecutors will argue that Pynn pulled the shotgun from Winsor's pants, and that Power was able to grab the barrel of the firearm. During the struggle, it's believed the gun went off, fatally shooting Nick Winsor.

Butler's lawyer, Jeff Brace, said that's not what happened, and said there is no evidence linking his client to the crime. Brace also dismissed Power's credibility as a witness, saying he has a criminal past — 18 convictions for possession of stolen property and trafficking marijuana — and "hated" Pynn.

Eyewitness testimony

The confrontation began, Bright asserted, after Pynn, Butler and Winsor arrived at Power's house around 10:30 p.m.

In addition to testimony from Power, prosecutors said they will also introduce eyewitnesses who say they saw evidence of blood on Pynn and Butler that night, along with video evidence of Pynn picking up Winsor after he was discharged from Her Majesty's Penitentiary.

Bright said the Crown also has DNA evidence linking Pynn to the scene, namely a cigarette Pynn smoked and discarded on the property.

Text messages and phone call records will be presented to the jury.

Bright said Pynn made a call to Nick Winsor's mother the day after the murder, allegedly saying, "I'm sorry, it was an accident."

Bright said the jury will hear that days before the murder, Pynn and Winsor went to a jewelry store and inquired about a gold chain that was purchased by Billy Power. Crown said they believe Pynn, Butler and Winsor went to Power's house the night of the murder to steal it.

Bright acknowledged that some witnesses, including Power, have criminal records, but emphasized that doesn't mean they're not credible.

Facial tattoo

Bright said two witnesses heard a loud knocking at Power's door around 10:30 p.m. on the night of the killing. One witness, Bright said, reported seeing a man standing at the door with tattoos on his face. Pynn has several prominent tattoos on his head.

You'll see a flash light up the door. You won't see the murder, but you'll certainly hear it.- Prosecutor David Bright

This witness, Bright said, will testify that Power said it was Philip Pynn, who he knew for years.

Bright said Power walked outside the house, locked the door behind him and walked to the garage with Pynn, where the two were joined by Winsor and Butler. Bright said Winsor had a shotgun stuffed down his pants and in his shirt.

The shooting happened inside the garage, Bright said, and was captured by a surveillance camera that was outside.

"You'll see a flash light up the door," Bright told jurors. "You won't see the murder, but you'll certainly hear it."

The prosecution said a recording from a surveillance camera shows Pynn and Butler leaving the garage with something in one of their hands, then get in a car that was being driven by someone else. The Crown has not identified the driver of the vehicle.

Hit with a pipe

Bright said Power will testify that a big, brawny man, matching Butler's description, hit him over the head several times with a pipe. Bright said Power flagged down two people to ask for help after escaping the attack.

Bright also talked about what happened after Winsor was killed.

"You'll hear of Pynn trying to escape," Bright said. Bright said Pynn made a "mysterious" call to a lawyer. The next day, Bright said, Pynn was arrested coming out of the lawyer's house.

Meanwhile, Butler's lawyer painted a starkly different picture, attempting to shift suspicion to Billy Power.

Jeff Brace said a shoe print that was left on Nick Winsor's chest is consistent with the footwear worn by Power.

And when Power flagged down two people after the alleged attack, Brace said Power told them not to phone the police, and that he had been assaulted.

He didn't mention the man who lay dead in his garage, said Brace.

Brace said Winsor and Pynn did go to a jewellery store before the murder and they were looking for a gold chain, but he denied they were planning to rob Power.

Brace said there is no evidence connecting Lyndon Butler to the incident, and rejected a suggestion that an eyewitness noticed blood on Butler.

Brace also defended Pynn's actions after the alleged murder when he contacted his lawyer. Brace said it is not a crime to contact your lawyer, especially when a warrant has been issued for your arrest.

The trial is scheduled to resume today with Mark Gruchy, Pynn's lawyer, making his opening statements.

Justice Adams, meanwhile, told the jury that while Pynn and Butler are being tried together, they are not obliged to hand down the same verdict against the two accused.