Shaylin Sutherland-Kayseas admitted to being a Terror Squad member who killed Dylan Phillips but said the shooting was accidental and not connected to the gang.
Sutherland-Kayseas took the stand in her own defence Wednesday. The 20-year-old is charged with first-degree murder and committing murder for the benefit of the Terror Squad.
The defence is arguing manslaughter while the Crown must prove the murder was committed for the benefit of, in association with, or under the direction of the gang for a first-degree conviction.
Sutherland-Kayseas denied the Crown’s allegation she robbed 26-year-old Phillips because he wasn’t a Terror Squad member and was selling marijuana in a Terror Squad area.
She also denied she moved up the ranks in the gang because of the shooting and said she was just young - 18-years-old - and boasting when she told people in recorded phone conversations from jail that she made the gang’s “council” as a result of the shooting.
“Maybe I wanted to be able to do that stuff but I couldn’t, so I was boasting,” Sutherland-Kayseas said on the stand Wednesday.
She testified she’s been part of TS for about six years but wouldn’t answer questions about the gang’s structure and denied being a high-ranking member.
She said she was 15 when she got a Terror Squad tattoo on her hand and wrist, but a police constable deemed a TS expert said that tattoo could indicate she was a higher up.
“I’m not a higher up, OK?” she said.
Sutherland-Kayseas testified she didn’t know Phillips but went to rob him without anyone telling her to. She said she doesn’t remember who told her Phillips had marijuana. She described her level of intoxication from meth as a “10 out of 10” at the time of the shooting.
“I was always high like that.”
She said she brought a gun “as a prop” and didn’t know it was loaded until she accidentally shot Phillips.
“He tried to grab the gun and I got surprised cause I didn’t think that would happen … and lost my grip on the gun and pulled the trigger,” she said.
She told a police officer – in an interview played in court – she loaded the gun before she went into the home. She told court Wednesday she lied to police about that and other things to take full responsibility for the crime because she didn’t feel the two others with her should.
“I was the one who shot him, right? So, I didn’t feel like people that were involved there should go down for it,” she said.
Sutherland-Kayseas testified the two who were with her are both Terror Squad members. Both have pleaded guilty to manslaughter in the case.
One is a teen who was scheduled to testify for the defence Wednesday but didn’t end up taking the stand. The Crown said the teen and Sutherland-Kayseas crossed paths at the courthouse Wednesday morning and she told him, “’Remember what I said. You didn’t see nothing. You didn’t hear nothing. Don’t say nothing.”
When asked about what she said, Sutherland-Kayseas said she was told the teen didn’t want to testify and she didn’t want him to feel obligated.
Trent Soutwind, who also pleaded guilty to manslaughter, refused to testify Wednesday and was given a one-year sentence in contempt of court. That sentence will be served consecutively to his eight-year sentence for manslaughter.
Closing arguments are scheduled for Friday at Saskatoon Court of Queen’s Bench.