CALGARY — Three men accused of wrongfully shooting a pregnant wild horse near Sundre, Alta., two years ago felt vindicated Wednesday when the Crown dropped the charges in Calgary provincial court.
New evidence showed the mare never was shot, but likely died giving birth or in an accident, and was found dead on the side of the road — about 130 kilometres north of Calgary — by the three men: Jason Nixon, Gary Cape and Earl Anderson.
“I’m glad it’s over for me and my family. It’s all bittersweet, though. It’s not like it’s a great victory,” Nixon said outside court following the decision before Judge Harry Van Harten. “It’s the end of an extremely trying time.”
Nixon said the evidence the defence provided recently to the Crown prompted the RCMP to reinvestigate.
As a result of that, he said, they didn’t think charges were warranted anymore.
“What the evidence said was we never shot a horse, ever,” emphasized Nixon. “What happens was there was a horse . . . that had died on the road. It was a very dangerous spot. I was concerned it was shot and I had some of my staff move it into the ditch.”
Nixon said that nine months later, police surrounded his home and put him in jail. A youth also faces a similar charge, but it is expected the same thing will happen there.
Crown prosecutor Gord Haight would not elaborate on any of the evidence that prompted him to stay the charges.
He would only say: “There was not a reasonable likelihood of conviction.”
The three men had been scheduled for trial earlier this month, but it was adjourned when the defence revealed the new evidence.
“What happened was they came across a horse that either died in childbirth or had fallen off a hill there,” said Willie deWit, Nixon’s lawyer.
“When they came upon it, they looked to see if there was any evidence it had been shot. There was none, no bullet holes. So they ended up pushing it off the road, as it was a hazard. One of the people with them went to the police and said it had been shot. When in reality, it was never shot at all.”
He added it was several months before the horse was found and it was hard to make any determination what happened.
originally published by The Calgary Herald | reprinted from Global News