Dustin Sand did not shoot Corey Favel, but he’s on trial for manslaughter because he’s accused of planning the home invasion that led to the 25-year-old’s death.
A group of men, including Favel, invaded a Saskatoon home on the 300 block of Garrison Crescent in Oct. 14, 2015, court heard during the third day of Sand’s trial at Saskatoon Court of Queen’s Bench. A person living in the house shot Favel but was not charged.
Nicholas MacLeod, who has already pleaded guilty and has been sentenced for his role in the home invasion, was subpoenaed and called as a Crown witness Wednesday. MacLeod refused to testify, prompting the Crown to play videos of interviews between MacLeod and police.
The police interviews are part of a voir dire, which means Justice Richard Danyliuk still has to decide if the interviews can be used as evidence in the trial.
In the two interviews — from Nov. 2015 and Jan. 2016 — MacLeod told police Sand planned the home invasion. MacLeod said he saw Favel get shot when he and Favel were going up the stairs in the house. He told police he tried pulling Favel’s body out of the home before running away.
“He was just a chill guy. A really nice guy,” MacLeod told police of Favel in the November interview.
MacLeod cried during parts of the first interview and called the incident “tragic” and said Favel never should have died.
Danyliuk must rule whether all contents of the police interviews are admissible in court.
In addition to the manslaughter charge, Sand is accused of break and enter, using an imitation gun, wearing a mask, robbery, and possessing a weapon for a dangerous purpose.
The Crown is expected to call two other men who have pleaded guilty and have been sentenced in relation to the home invasion.
