The Crown is arguing the killing of Dylan Phillips is associated with the Terror Squad gang, and is therefore first-degree murder, while the defence is arguing manslaughter and calls it an “unfortunate accident.”
Admitted Terror Squad member Shaylin Sutherland-Kayseas, 20, is on trial for first-degree murder, committing murder for the benefit of, or in association to, the Terror Squad and two counts of assault.
The Crown must prove the Oct. 2016 murder was linked to the Terror Squad for a conviction of first-degree murder.
Defence lawyer Jessie Buydens argued in her closing statement Sutherland-Kayseas takes full responsibility for killing Phillips during a robbery at his Avenue G North home, but the shooting was accidental. Sutherland-Kayseas testified she was high on meth at the time and accidentally pulled the trigger when Phillips went to grab her gun.
“It was a tragedy,” she said outside of court Friday. “They went to get drugs and unfortunately Dylan Phillips was shot.”
Buydens said Sutherland-Kayseas didn’t know Phillips but was aware he had marijuana and that she attempted to rob him for her own benefit, not the gang’s.
“Just because you’re in a gang doesn’t mean you’ve committed all your crimes for the benefit of the gang,” she said. “Anytime you act wholly on your own, then it’s not for the benefit of the criminal organization.”
Sutherland-Kayseas went to the home with two other Terror Squad members, court heard. Crown prosecutor Melodi Kujawa pointed to Sutherland-Kayseas’s testimony when she said she went to the home to “tax” Phillips – rob him because she believed he was selling marijuana in a TS area.
“In this case, if Dylan had been drug dealer, he’s not a member of the TS, then he’s going to pay taxes to them because he’s in their territory,” Kujawa told reporters outside court.
Prosecutors argue Sutherland-Kayseas and the two other gang members were conducting a mission, which is an act of violence that brings profit to the gang.
“With the death of Dylan Phillips, the TS was able to send a pretty strong message,” Crown prosecutor Christy Pannell said in court.
The Crown argued Sutherland-Kayseas moved up in the gang as a result of the shooting. Kujawa pointed to phone conversations Sutherland-Kayseas made from jail in which she talks about being on the gang’s “council” after the shooting and giving direction to other members.
“If I go down for it … I don’t regret it,” she said on the phone.
Buydens argued Sutherland-Kayseas is heard on the phone calls saying the gang tried “stripping” her of her gang affiliation four years ago and shortly after the shooting.
“Ultimately there is no concrete evidence that ties this crime to the Terror Squad,” Buydens argued.
Trent Southwind and a teen both pleaded guilty to manslaughter in the case. Justice Shawn Smith categorized the act as a complete failure.
“They didn’t get any drugs they didn’t get any money, they even left the young behind,” he said. “Epic fail.”
Smith will decide between manslaughter, second-degree murder and first-degree murder. He’s scheduled to deliver the verdict next Friday.
