The Crown has dropped charges against an NDG man who was accused of murdering his 19-year-old girlfriend in 2013.
The jury was about to begin deliberating the fate of Michael Gero, who had been charged with killing Sherri Thomas.
Instead, Crown prosecutor Jacques Dagenais said he no longer believes that Gero killed Thomas, saying that after hearing Gero's testimony, he could not disprove the argument that Thomas shot herself.
The Crown's decision came after Gero testified that he was in the shower when he heard a gunshot, and emerged to find Thomas bleeding from the head, lying in a pool of blood.
That claim posed a problem for Dagenais, who tried to prove Gero killed Thomas during a domestic dispute.
Gero’s version of events raised a doubt in Dagenais’s mind, who on Tuesday told the judge, “We must be morally convinced that a crime was committed, and we no longer have that certitude... I don't have the arguments needed to show that Gero shot his victim."
Gero also testified that he hid the firearm on the roof of their building because he knew he was under a court order not to have one.
During a 9-1-1 call played to the court, Gero could be heard screaming in panic. Neighbours testified that they saw Gero covered in blood and pleading for help, and that the couple frequently argued.
Crown spokesperson Jean-Pascal Boucher said it was an unusual decision, but necessary.
"It comes with the responsibility of a prosecutor to analyze, reanalyze, all the evidence and all the information in a file and to keep an objective and open mind," he said.
Superior Court Justice Helene Di Salvo informed the jury last week that the Crown was no longer certain of its case -- but that decision was temporarily concealed because of a publication ban.
Sherri Thomas's stepfather Vincent Isaacs said his faith in the justice system is now badly shaken.
“I have doubts. I have doubts for the way this came out. I really have doubts. The weapon is there, the evidence is there,” he said.
Gero’s sister Kesho Gero told CTV Montreal she was very pleased that the charges would be dropped, since it means her brother would be able to see his child.
“I'm very happy that my brother was acquitted and it's sad for both sides,” she said. “A life was lost and I'm just happy my brother can be reunited with his daughter.”
Earlier this week Dagenais submitted a letter to the court from the head of the Crown prosecutor's office in Montreal stating that the "procedures have stopped under my order."
Agreeing to the Crown's request the judge has stayed the murder charge against Gero, which gives the Crown a year to revise the case and present new evidence should something arise.
The judge dismissed the jury.
Gero has already pleaded guilty to possessing a prohibited weapon and violating a court order. He had a prior conviction for armed robbery and said he had the modified starter's pistol because he used to sell crack cocaine.
The Crown and Gero's defence lawyer, David Petranic, made a joint recommendation of a three-year sentence for one charge, and one year for the second, minus time served.
Petranic welcomed the sudden turn of events.
“At the end of the story, this person is not convicted. We feel good for him also but we feel justice has been rendered in this matter,” he said.
Legal expert Frank Pappas said the prosecutor had no other choice and ultimately made the right decision.
“Even if they have a case to win, they have an additional role as officers of the court to assure themselves that the evidence that's being presented is fair and honest,” he said. “It's an honour to the justice system that a prosecutor can make such a statement.”
Gero has been in custody since his arrest in 2013, and so would be released if the judge agrees that sentence.
The judge will deliver her sentence on Wednesday.
