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Pynn-Butler trial: Who left the shoe print on Nick Winsor's chest?

A defence lawyer questions Tom "Billy" Power about how a shoe print, that's similar to his, wound up on the chest of Nick Winsor on the night he was shot and killed.

Power hiding something, defence lawyer Jeff Brace says

Tom "Billy" Power is being questioned about how Lyndon Butler was identified as a suspect in a fatal shooting at his house. (CBC)

A St. John's defence lawyer questions Tom "Billy" Power about how a shoe print, that's similar to his, wound up on the chest of Nick Winsor on the night he was shot and killed.

Jeff Brace, who represents co-accused Lyndon Butler, resumed his cross-examination Friday of the Crown's only eyewitness at Lyndon Butler and Philip Pynn's second-degree murder trial. 

Power owns the home on Portugal Cove Road where Winsor, 20, was fatally shot in the neck July 9, 2011.

Pynn and Butler are accused of shooting Winsor and attempting to murder Power.

'Never stood on his chest'

During the investigation into Winsor's death, members of the Royal Newfoundland Constabulary found shoe prints in blood on the garage floor and one shoe print on Winsor's chest.

The print found on Winsor's body became a large part of Brace's cross-examination Friday afternoon, namely how it got there.

This police photograph shows a dusty shoe print left on Nick Winsor's chest. (CBC)
The court has already heard from Sgt. Lester Parsons that of the shoes seized, including Pynn's and Butler's, only one was capable of making the print — Power's.

But Power flatly denied stepping on Winsor the night he was killed, "I never stood on his chest."

Brace said it appeared as though the print was made before the shooting because it consisted of dust — not blood.

"I don't think I walked on him," Power said, "I would have known if I walked on him."

"The only shoe capable of causing that print on the chest of the deceased is yours and your response is, 'Wasn't mine,'" Brace said.

The defence lawyer also questioned Power about firearms. "Do you have any guns in the house?"

"Pellet gun," Power responded. Brace asked if Power had ever shot at someone. "No."

9-1-1

On Thursday, Brace pushed Power for answers as to why he told two passerby not to call 911.

Melanie Fioratos and Joshua Brushett gave testimony earlier in the trial that they found Power in the middle of Portugal Cove Road, bleeding from the back of his neck.

My lord, man. A man has been shot in your garage!- Jeff Brace

The two said that Power had told them he had been beaten up and made no mention of a shooting.

"You don't want the police called?" Brace asked.

"I didn't know he was dead," Power said.

"My lord, man. A man has been shot in your garage!" Brace shouted.

Brace suggested that Power did not want police to see "what he had done."

"You didn't want them to call the police," Brace reiterated. 

Brace questioned why Power did not call for help. 

"I was screaming from the rafters when they're trying to get my head off," Power replied. 

"The one thing you do do is stash your drugs on your teenage daughter," Brace said.

Power had given testimony that he hid marijuana in a bag that his stepdaughter took from the home on the night of the shooting.

Brace is expected to continue his cross-examination of Power on Friday morning. 

Follow the live blog below as CBC reporter Ariana Kelland tweets from Supreme Court.

ABOUT THE AUTHOR

Ariana Kelland

Investigative reporter

Ariana Kelland is a reporter with the CBC Newfoundland and Labrador bureau in St. John's. She is working as a member of CBC's Atlantic Investigative Unit. Email: ariana.kelland@cbc.ca