Pynn-Butler trial: Why is it a 2nd-degree murder trial?

If there is one thing Crown prosecutors and defence lawyers can agree upon in the high-profile trial unfolding in a St. John's courtroom, it's that co-accused Philip Pynn and victim Nick Winsor were best friends. 

If that's the case, how are Pynn and co-accused Lyndon Butler charged with second-degree murder?

Pynn and Windsor's friendship was well known at the outset of Pynn's arrest, two days following the shooting death of Winsor, 20, on Portugal Cove Road in July 2011.

"My client is devastated at the death of Nicholas Winsor," Pynn's former lawyer Averill Baker told reporters.

"Anyone who knows Philip, knows Philip and Nicholas have been long-time friends. Boyhood friends."

Three and a half years later, Pynn and Butler are now awaiting verdicts on charges of second-degree murder, attempted murder, assault with a weapon, robbery and possessing a weapon dangerous to the public.

"I don't say for a moment that Mr. Pynn intended to kill his friend," Crown prosecutor David Bright told the jury during his final summation Monday.

Why second-degree murder?

The Crown alleges that Butler and Pynn went to the home of Tom "Billy" Power with the intent of harming him, knowing that it would likely result in Power's death.

If the jurors determine that Pynn and Butler were present at the garage on Portugal Cove Road the night Winsor was killed and that they caused his death, they need to consider this question: "Did Philip Pynn and Lyndon Butler kill Nick Winsor by accident or mistake when they had a state of mind required for murder of Thomas Power?" 

If the jury answers 'Yes' to that question, Pynn and Butler will be convicted of second-degree murder. If they answer 'No,' they would be convicted of manslaughter.

"Again, use your good common sense," Adams said.

In making a decision on all charges, Adams told the jury to consider evidence from before, during and following the death of Winsor. 

Adams also explained why Butler is accused of second-degree murder when the Crown alleged that Pynn pulled the trigger, and why Pynn is charged with assault with a weapon when Butler is accused of hitting Power with a pipe.

"When two or more persons join together in a criminal venture each may be responsible for what another does when pursuing the original goal," he said.

The jury began its second day of considering the evidence Thursday morning. Adams has instructed them to not continue deliberations after 8:00 p.m. each day.