A Red Deer jury is expected to receive instructions on Monday and then begin deliberations in a second-degree murder case involving a young boy who died three years ago.
Court of Queen’s Bench Justice Monica Bast will instruct the jury on the implications of the law and how to apply it.
Evan Caswell Gilmer, 33, of Red Deer is charged with the murder of 18-month-old Garth Leippi of Red Deer, who died on Oct. 13, 2008, in a Calgary hospital after suffering a severe head injury the day before in Red Deer, where he lived with his mother Jennifer Gladue and her boyfriend Gilmer.
Monday marks the beginning of the fourth week of the trial, which on Friday heard closing arguments from Crown prosecutor Jason Snider and defence lawyer Lorne Goddard.
Snider said although his case is mostly circumstantial, Leippi’s injury was inflicted and not accidental.
Snider said the doctors concluded during examinations in hospital and in an autopsy that Leippi suffered the injury a few hours before paramedics arrived at his house at about 6:30 a.m.
Snider said Gilmer had exclusive access to the boy at about 4 a.m. on Oct. 12, 2008, when he got out of bed to tend to the crying child.
Goddard said the Crown didn’t prove beyond a reasonable doubt that Gilmer was guilty because its doctors failed to perform testing on tissue and bone samples, which could have indicated an earlier fracture.
Goddard said the boy’s injury was consistent with an accident as related by Gilmer, who said he fell on the child’s forehead, pushing it into the floor when he fell while trying to pick him up.