McAdam man found not guilty of participating in vigilante-motivated assault
Jurors have found a McAdam man not guilty of helping to beat up Blake Scott, and pointing a shotgun at him, in a vigilante-motivated assault that occurred in the southwestern New Brunswick village nearly two years ago.
The verdict for Dwain Everett Gardner came at about 1 p.m. Friday, about two hours after Court of King's Bench Justice E. Thomas Christie sent the jury to begin deliberations.
"I'm not surprised they [jurors] were able to sort out the factual issues quickly in this case," said defence lawyer Nathan Gorham, following the verdict.
Gardner was accused and tried on charges that he assaulted, unlawfully confined and pointed a sawed-off shotgun at Blake Scott on June 4, 2022.
He was also tried on the charge of possessing a firearm for the purpose of committing an offence.
As the court clerk read out the jurors' decision, about 12 supporters of Gardner sat in the gallery, including his wife, who became emotional as each not-guilty verdict was announced.
"I'm feeling real good," said Gardner, speaking after the verdict.
"I think it was the right [verdict]."
Before sending jurors to deliberate on Friday, New Brunswick Court of King's Bench Justice E. Thomas Christie went into the legal principles the jurors had to consider in weighing the evidence they heard during the trial.
For each charge, he went through the multiple layers of proof the jurors must feel the Crown prosecutors provided that prove "beyond a reasonable doubt" Gardner committed the four crimes.
What the jury heard
During the trial, jurors heard Scott testify that he asked Gardner if he could visit him at his home because he wanted to help smooth over a dispute between a friend of his and Gardner and McGillicuddy.
Billy McGillicuddy testified Tuesday that Dwain Gardner had no shotgun in his possession and took no part in the assault of Blake Scott on June 4, 2022. (Aidan Cox/CBC)
He said he didn't know McGillicuddy would be showing up as well that evening.
McGillicuddy was co-accused of assaulting and unlawfully confining Scott, in an incident that's been framed as an act of vigilante justice. He pleaded guilty to unlawful confinement and assault with a weapon in fall 2022 and two firearm charges he was originally facing were withdrawn by the Crown when he was sentenced.
In his testimony, Gardner said he agreed to having Scott over, and invited his friend, McGillicuddy over as well, without telling Scott.
Gardner said while he was aware that McGillicuddy was angry at Scott for allegedly approaching his daughter in a pedestrian tunnel earlier that day, he was unaware that McGillicuddy was planning to assault Scott.
Scott told jurors that upon arriving at the garage, Gardner had a shotgun resting on a bench within reaching distance. He said Gardner asked him to sit down and then picked up the shotgun, showed him it was loaded, and pointed it at him.
Crown prosecutors presented photos of an unspent shotgun shell they say police officers found in Gardner's garage. (New Brunswick Court of King's Bench)
He said McGillicuddy showed up minutes later and started assaulting him, with the assistance of Gardner.
He said McGillicuddy at one point gained possession of the shotgun and pointed it at him and ordered him to strip out of his clothes and then walk outside to his pickup truck.
Scott said while walking out, he managed to flee on foot to a nearby home belonging to a family friend, where he called 911.
Scott's account of the incident differed from that given by Gardner and McGillicuddy in their testimony.
Both McGillicuddy and Gardner testified that McGillicuddy was the only person involved in Scott's assault and that no shotgun was present during the incident.
The only direct evidence Crown prosecutors presented of Gardner's involvement in the assault was Scott's testimony.
As for the involvement of a shotgun, Crown prosecutors relied on Scott's testimony, as well as an unspent shotgun shell that police say they found inside Gardner's garage while investigating the incident.
