A Tyendinaga Mohawk Territory man has been found not guilty of second degree murder and pointing a firearm in relation to a shooting death on the territory in 2017, but was found guilty of possessing guns without a permit.
Brandon Baptiste had admitted to shooting and killing 43 year-old Kenneth Ferrill in the early morning on April 2, 2017 but had pleaded not guilty, saying he acted in self defence and Justice Graeme Mew agreed that the Crown could not prove the contrary beyond a reasonable doubt.
The incident was the culmination of an evening out drinking in Belleville, where Baptiste got in a fight with Ferrill’s niece, eventually leading to Ferrill and his wife showing up at Baptiste’s home, where Ferrill damaged Baptiste’s car with a large stick.
As Justice Mew told court “(Ferrill) wasn’t approaching the house for a friendly chat”.
Mew also noted the difference in size between the two men and that “Baptiste was no physical match for Ferrill, even if he portrayed himself as a tough guy”.
Evidence presented showed that Baptiste fired a single rifle shot at Ferrill, as he approached the front door, hitting him in the abdomen and he was pronounced dead at Kingston General Hospital.
The entire confrontation lasted approximately three minutes.
The charge of pointing a firearm was related to Ferrill’s wife, but Justice Mew said he found no evidence that Baptiste pointed the gun at anyone else.
Baptiste was convicted of possessing firearms without a permit, after two rifles and a shotgun were found in his home and details on punishment for that weren’t yet available when court took a break at noon.
In his closing remarks, Justice Mew told court the following:
“The events of April 2, 2017 were tragic and Kenneth Ferrill’s life was needlessly lost. I very much hope that with the benefit of mature reflection, Mr. Baptiste deeply regrets the events of that night. Notwithstanding some of the ill-chosen sentiment which he expressed in his police interview. Any loss of life is tragic. The needless loss of life arising from a dispute over nothing of consequence, fuelled by anger and testosterone, is a particular tragedy.”
He went on to say that while there will be no criminal punishment for Baptiste on the murder charge, “he will have to live the rest of his life knowing that he was responsible for another human being’s death”.
Baptiste was originally charged with first degree murder, but those charges were lessened and he was tried over a five-week period in September.
Baptiste was given an opportunity to address the court prior to the sentencing and he said Justice Mew hit the nail on the head when he said he {Baptiste} would have to live with this for the rest of his life.
“I just want to say that, their family and my family, neither family should have had to gone through this,” Baptiste told the court. “Every day I have to think about that and I wouldn’t wish that on my worst enemy.”
He continued by saying he is grateful both sides were listened to but sorry both families and those in the court room had to go through this with them.
Justice Mew accepted the recommended sentence of a year’s probation along with a no contact order and a ten year’s weapon prohibition.
