Witness at Saskatoon murder trial describes events that led to country road killing

A Saskatoon man once accused of murdering James Swift testified Tuesday how the 40-year-old ended up in a car on a dirt road north of the city with the men charged with killing him.

Anthony Burley, Colton Lischka and Ashtin Ritzand were each charged with second-degree murder in the Aug. 29, 2022, stabbing death of James Swift. They were also charged with theft and the attempted murder of Virginia Belhumeur.

At the time, RCMP said Swift and a woman — later identified as Belhumeur — were in a car with three men when the altercation happened. It's not clear what triggered it, but Swift was killed and left at a rural intersection near Wanuskewin Heritage Park. Belhumeur was stabbed in the neck and also left at the intersection.

The murder and attempted murder charges against Burley were stayed in 2023, replaced with a charge of being an accessory to murder after the fact.

Burley took the stand Tuesday in the second week of Lischka and Ritzand's judge-alone trial at Court of King's Bench before Justice Michael Tochor.

Burley told prosecutor Paul Scott that he, Lischka and Ritzand met Swift and Belhumeur outside the Hose and Hydrant Brew Pub in Saskatoon after "a scuffle." The two groups did not know each other and Burley did not offer any more details about the altercation.

Burley said that he later invited Swift and Belhumeur to his house "to make amends." Burley accompanied them in a cab, with Lishcka and Ritzand travelling in Burley's white Honda Civic.

Burley said Swift became drunk and belligerent at the house.

"He was drunk and shouting … just being an asshole," Burley said.

At one point, the five decided to leave. Burley said he knew that Belhumeur wanted to be buy cocaine and that he "went along for the drive." He said he never saw them buy the drugs.

They then went to a Shell gas station and then out to the country, Burley testified. He said Swift became violent in the car and attacked Lischka. They pulled over and the two men got out of the car.

Burley said the two men were behind the car so he did not see what happened. He said Ritzand left the car at one point as well. Burley said he stayed in the car with Belhumeur because he believed she was going to steal pre-paid VISA cards he'd bought earlier.

At one point, Belhumeur also left the car, Burley said.

A testy turn

The trial took a testy turn when defence lawyer Nicholas Stooshinoff, who represents Lischka, began cross-examining Burley about his own criminal history.

It began when Stooshinoff suggested to Burley that "you're not a stranger to involvement with the criminal justice system."

Burley replied, "I've never been charged in my life."

Stooshinoff then referenced two incidents where Burley had been charged. He was charged in 2020 with assault by choking and then, in 2022, with arson, assault with a weapon and mischief.

Burley said he was never convicted. Stooshinoff confirmed the charges had been stayed.

• Trial begins for 2 men charged with murdering Saskatoon man, stabbing his friend

Stooshinoff quizzed Burley about an admission to Scott that he had bought cocaine the night before Swift's death. Burley said he had bought two grams.

Stooshinoff then produced a transcript of a phone call from Burley to his girlfriend after his arrest for Swift's murder. The call from the Saskatoon Correctional Centre was intercepted by police.

In the call, Burley references "two zips in the house." Stooshinoff suggested that this was code for two ounces of cocaine — not two grams — and that Burley wanted his girlfriend to pick them up. Burley disputed the characterization.

Under further questioning, Burley said that there had been talk of going to a different address and buying cocaine when the five were at the house in Evergreen.

"Why not just sell him some of your cocaine," Stooshinoff said.

"I don't sell drugs," Burley replied.

Suspicious searches

Burley testified that he did not know Swift had been murdered and Belhumeur injured until he was arrested almost 12 hours later.

Stooshinoff then went through a series of texts and searches recovered from Burley's phone. They included a search an hour after Swift's death for "Anthony Burley murder Saskatoon" and then later, "Saskatoon homicide" and then "Crime Stoppers white Civic murder."

Burley denied making the searches.

Stooshinoff concluded his cross-examination by directly accusing Burley of murdering Swift and injuring Belhumeur.

"No," Burley replied.

Defence lawyer Blaine Beaven, who represents Ritzand, questioned Burley about statements he made to RCMP in a four-hour interview after his arrest.

Beaven supplemented his questions by playing sections from the videotaped interview to highlight inconsistencies.

Burley admitted to Beaven that he lied to RCMP about his whereabouts the day of the murder — he told RCMP he was out of town. He also admitted that he lied about when he last saw Swift and Belhumeur alive, claiming to officers that he never left his house and went out to the country.

Beaven suggested that the original altercation at the Hose and Hydrant was triggered by Ritzand bumping into Swift as he backed up the Civic in the parking lot. Beaven said Belhumeur took a photo of the licence plate and Burley later befriended the pair in a bid to get the photo deleted.

Burley disagreed.

Belhumeur is expected to testify Wednesday.