Man found guilty of 2nd-degree murder in Millbrook shooting

A man has been found guilty of second-degree murder after shooting another man on the front porch of a home in Millbrook, N.S.

Kevin Brian Sylliboy was charged following the incident on Willow Street in the early morning hours of April 1, 2018. James Blair died from a single gunshot wound to the upper torso.

In a decision handed down Thursday, Justice Jeffrey Hunt of the Nova Scotia Supreme Court ruled that Sylliboy raised his weapon at Blair following an earlier altercation and fired with the intention of striking him with deadly force.

Hunt said although the evidence presented at his trial last fall amounted to a circumstantial case — especially given no single witness saw everything that occurred — he was satisfied the Crown had proven Sylliboy committed second-degree murder.

"When the accused pulled the trigger of the firearm, he knew the consequence of his actions would be either to cause Mr. Blair's death or to cause him grievous bodily harm which would likely cause his death, and was reckless whether death ensued or not," wrote Hunt.

Witnesses knew each other 

The decision said those who were at the scene on that night knew each other well, in most cases since childhood.

"This is not a stranger identification case," Hunt wrote.

The decision said shortly before the shooting, Blair, Sylliboy and others were at Sylliboy's aunt's home on Brooks Lane in Millbrook. That's where a verbal altercation occurred in the front yard.

As the encounter was winding down, an unnamed person became involved and made an allegation that Blair had sexually assaulted her in the past.

The decision said the Crown argued this escalated matters and precipitated the events that followed, but the defence asserted there was no evidence Sylliboy believed the allegation. Hunt noted witnesses said Sylliboy did appear agitated both before and after the interjection.

'She was scared'

Hunt wrote that a witness, Grace Scott, testified that following the altercation, she drove Sylliboy from his aunt's home to another home he had been staying at. He quickly entered the house and came back out with a duffel bag.

"She described the defendant as upset and teary-eyed. She testified that he reached into the duffel bag and brought out a gun. She was scared," the decision said.

Scott then said Sylliboy directed her where to drive, and they eventually arrived at the home on Willow Street where the shooting occurred.

"Witnesses here were well familiar with the accused. The common elements are that various witnesses saw Kevin Sylliboy ... with a firearm," the decision said.

"He was in front of the home ... calling out James Blair. He exited the building and there was an almost immediate gunshot."

Sentencing set for June

Scott testified that following the shooting, Sylliboy got back into the vehicle with the firearm, and as she drove away, he stated that he had killed a man.

Hunt said he found Scott to be a credible witness.

"I believe I was seeing the truthful evidence of someone testifying as to the events of one of the worst days of their life," he wrote.

Sylliboy's sentencing hearing is scheduled for June 6 at Nova Scotia Supreme Court in Truro, N.S.

A conviction of second-degree murder carries a mandatory sentence of life imprisonment, but a judge still needs to determine how long Sylliboy will have to serve before becoming eligible for parole. The range is between 10 and 25 years.