DNA from a man accused of a fatal shooting 2022 shooting near Eckville was found on the semi-automatic rifle believed to be the murder weapon.
Swabs taken from the .22-calibre semi-automatic rifle linked to the murder of Stephen Pond, 46, were matched to Dustin Lemay-Storms. His DNA was also found on a cartridge box, cartridges inside and on tape from the rifle, an RCMP DNA expert testified in Red Deer Court of King's Bench on Friday, where Lemay-Storms is on trial for second-degree murder.
Pond was driving his pickup with his wife next to him on a rural road just south of Eckville around 4 a.m. on June 20, 2022 when multiple shots were fired at them. One bullet hit Pond in the head, who died while being airlifted by STARS to an Edmonton hospital. His wife was uninjured.
Lemay-Storms, 36, was arrested nine months after the shooting and charged with second-degree murder.
RCMP DNA expert Crystal Gardiner testified that numerous tests were performed on ammunition components, an ammunition box and cartridges inside, separate pieces of red and black tape, a piece of string and the rifle.
No DNA usable for comparison could be found on the ammunition components and string, but DNA found on the cartridge box and its cartridges could be analyzed, said Gardiner, who works out of the RCMP's forensics laboratory in Edmonton.
Swabs of the firearm turned up DNA from two people. One was matched to Lemay-Storms but the DNA linked to a second person was too weak to make a match. The same scenario occurred with the tape samples.
Justice Wayne Renke asked Gardiner if the second sample was evidence another person had handled the evidence or whether there was not enough information to determine that.
Gardiner said analysis showed the second sample belonged to someone else. "I know it's there, but I'm not able to make any meaningful comparisons."
Defence lawyer Cody Ackland questioned Gardiner about the possibility of DNA from one person being transferred to an object through another person. There have been convictions overturned where it was later determined DNA from an accused had been linked a scene or evidence through contact with another person or through multiple contacts.
Gardiner said transference has become more of an issue as the size of DNA samples that can be used for comparison have gotten tinier.
The current minimum sample size RCMP DNA experts use is 0.15 nanograms. A nanogram is one-billionth of a gram.
Gardiner also explained that while analysts can determine DNA is present they cannot determine when or how it got there.
Court heard on Thursday that a bullet removed from Pond's head matched the Savage .22-calibre semi-automatic rifle RCMP seized from a rural property near the scene of the shooting during their investigation. Ammunition suitable for the rifle was also found along with a number of pairs of head lamps.
On Tuesday, an RCMP investigator testified that five holes in the front driver's side of the victim's F-150 pickup had traces of lead and were identified as bullet holes.
Two small dents in the tailgate may also have been caused by bullets.
Lemay-Storms' trial began last Monday and is set for three weeks. The trial continues Monday.
