Husband's killing may have been accidental, says lawyer
The shooting death of a Central Alberta man - allegedly at the hands of his wife - may have been an accident, her lawyer said Friday.
Defence counsel Jim Butlin said a review of a 911 recording by himself and co-counsel Greg Dunn suggest the shooting may not have been intended.
"The preliminary disclosure that we received ... the 911 tapes, on the face of them indicate that there is a likelihood of accident," Butlin said, shortly after a brief court appearance in Calgary.
"That'll be one of our arguments in the bail hearing," Butlin said.
The lawyer had hoped to seek his client's release, but Crown prosecutor Doug Simpson wasn't prepared to address the issue of bail.
As a result, [The accused] will spend Christmas and New Year's behind bars - a fact which Butlin isn't pleased about.
"I don't feel good about that and more importantly she won't be happy, but there is a reality to this the charge is serious," he said.
"We knew that the Crown didn't have their full file, we've only had interim disclosure, so we're not surprised they wanted it to go over to another date," Butlin said.
Butlin said his client had no criminal record and has strong ties to the community, so she is a good candidate for release pending trial.
He said being in jail, especially over the holidays, won't be a pleasant experience for her.
"All things considered she's coping well, but she's never been in this position before and is quite distraught," Butlin said.
[The accused], 60, is charged with second-degree murder in the death last Saturday of her husband, 68, at their rural home near Bergen, an unincorporated community, about a 45-minute drive west of Didsbury.
Her bail application, before Calgary Court of Queen's Bench Justice Sandy Park, is set for Jan. 13.