Wednesday, Jun 23, 2004

Inmate not guilty of weapons charges, top court rules

By MARY NERSESSIAN
Globe and Mail Update

The Supreme Court has ruled that an Alberta inmate is not guilty of dangerous weapons charges after he was acquitted of murder in the death of another penitentiary inmate.

In January, 2002, Jason Kerr prepared two homemade “shanks” when his fellow convict Joseph Garon threatened to smash his head in for refusing to bring him coffee, The Globe and Mail reported in January, 2004.

He concealed the weapons in his pants and, when Mr. Garon lunged at him, stabbed him to death in the Edmonton institution.

At trial, he was acquitted of second-degree murder and weapons charges on the basis of self-defence. The Court of Appeal upheld the murder charge acquittal.

The trial judge concluded that Mr. Kerry was armed for self-defence.

More to come

http://www.globeandmail.com/servlet/story/RTGAM.20040623.wappeal0623/BNStory/National/