Crown Counsel delivered opening arguments Tuesday in a Stratford Superior Court, presenting their case in the first degree murder trial of Michael Schweitzer, the man accused in the December 2012 shooting death of 17-year-old Nicole Wagler.
The Crown telling the jury it was a planned and deliberate murder, that Wagler was just a 17-year-old girl with her whole life ahead of her. That Wagler was sexually active, had a few drinks once in a while and had been sexually active with the accused and also with 22-year-old Tyler Baker in the past.
The Crown alleges that both men were not gentle in the way they thought and spoke about Wagler, that she had ignored and rejected text messages from the accused, that she had wanted a change; that Schweitzer was envious of Baker, that she was rejecting him.
Crown Counsel stated that Schweitzer had texted Wagner on the night in question, asking her to come over for a drink with the boys to which she replied ‘NO’, the accused allegedly replying ‘you piss me off’ via text message.
The Crown alleges Schweitzer texted Wagler insisting she come over, that Wagler did arrive at the home on Edward St. in Milverton that night, that she sat and listened to music with Tyler Baker, that Schweitzer texted her at 9:45pm saying ‘you are way more interested in him’ to which Wagler replied ‘No, about to leave.’
Within minutes, the Crown alleges Wagler lay dead on the floor with shotgun wounds to her hand, shoulder and head; 22-year-old Tyler Baker also shot and seriously wounded.
The Crown called its first witness Tuesday, retired OPP Sergeant Michael Scott, the senior officer on scene the night of December 4th, 2012. Scott told the court about the numerous confusing calls to police dispatch, that he had been conducting R.I.D.E. checks in St. Mary’s, roughly 32km away. Scott says he immediately left for Milverton and upon arrival at the 11 Edward St. home says three constables were already on scene.
The first exhibit, aerial photos of the home and surrounding neighbourhood, were shown to the jury.
Scott says he heard a muffled “indiscernible female voice from inside the house”, saying ‘help me, help me’ at which time he and fellow officers took tactical cover behind police cruisers.
Scott testified he got on the hailer (police radios) and instructed the female to come out of the house at which time the lone female exited the door, identified as Cathy Rivers-Gascho.
He says they then made a tactical entry of the home, service pistols drawn, through the car port doorway to the house. Upon entry Scott noticed a lone male standing at the kitchen sink ‘bleeding profusely’ with what he described as horrific injuries.
“He had a towel wrapped around his head, a large wound to the right neck, no facial features were discernible, completely obliterated,” testified Scott. Scott described entering the living room area within seconds to find a female, 17-year-old Nicole Wagler, lying on the floor in front of the fireplace in large pool of blood.
“She had a very serious head injury, I was very certain she was deceased,” Scott told the court.
The accused, Michael Schweitzer, appeared interested in the photos shown to the jury as he sat in the prisoners' box.
Defense Counsel began cross examination of the witness, grilling Scott about his arrival at the scene, securing the house, even his note taking that night; clearly poking holes in his testimony, even going as far as to suggest that perhaps someone else ‘could’ have been the shooter that night.
Michael Schweitzer faces a charge of first degree murder and a charge of attempted murder.
The trial is expected to last anywhere between 3-5 weeks and resumes on Wednesday at the Perth County Courthouse in Stratford, ON.