A significant legal development unfolded in a Calgary courtroom Wednesday as a judge withdrew attempted murder charges against two men standing trial in connection with a rural shooting that claimed the life of a Good Samaritan and left another man wounded.
Elijah Strawberry and Arthur Penner continue to face second-degree murder charges in the August 2024 death of Colin Hough, 45, a Rocky View County employee. However, the attempted murder allegations related to the shooting of Matthew Andres — who survived the attack — have been removed from the case.
Court of King's Bench Justice Shane Parker informed jurors of the decision Wednesday afternoon, stating simply: "The attempted murder of Matthew Andres is no longer a part of these proceedings."
The judge declined to explain his reasoning, instructing jurors: "You should not speculate as to the reasons why I made this decision."
The Incident
The shooting occurred on August 6, 2024, at a rural intersection north of Chestermere. Andres, working as a surveyor for FortisAlberta, heard what he believed was a vehicle with a flat tire pull up nearby. He later learned the white Dodge Ram truck with distinctive teal rims had been stolen from Calgary the night before.
According to trial testimony, a masked individual exited the truck, approached Andres, and shot him in the arm before demanding the keys to his work vehicle. Andres managed to flee the scene.
The stolen truck was subsequently set on fire. The smoke from the burning vehicle apparently prompted Hough, who was working in the area for Rocky View County, to pull over — placing him directly in the path of the violence that followed.
What Comes Next
With the attempted murder charges withdrawn, both defence lawyers — Rebecca Snukal and Alexandra Seaman, who are representing Strawberry and Penner respectively — chose not to call any additional evidence in their clients' defence.
Closing arguments are scheduled for Thursday, with the judge issuing final legal instructions to the jury on Friday. Once instructed, the jury will be sequestered until reaching a verdict.
This article is based on reporting by CBC Calgary. For the original story, visit CBC News Calgary.