Charles HamiltonVerified account

Spencer says Stanley believed his family's life was in danger. He didn't know, Spencer says, where his wife was when the SUV crashed. Thought she was maybe in danger or even caught in the collision. "It's not about property," Spencer says.

Spencer: "When you are in a situation where you have intruders and you don't have the luxury of being able to wait for police assistance.....this case comes down to what is reasonable in this circumstance."

Spencer: It's not reasonable to start shooting people but that's not what happened... It is reasonable to fire warning shots"

So to recap again: Spencer is NOT arguing self defence. He's saying the gun went off by accident in what is known as a hang fire--where the trigger was pulled, but there's a delay before the bullet comes out. Spencer: "How did he get shot? It was a freak accident."

Also it's now clear Gerald Stanley will testify. Spencer: "No games. Gerry's going to testify. He has to."

According to Spencer, he believed his wife was pinned underneath the SUV. And he saw the driver trying to start the SUV.

Now we will get back to testimony. Again, this is Popowich. He says the "hang fire" incident happened 40 years ago, when he was 15.

Just to clarify, the 7 or 8 secs was between the two times he pulled the trigger--not between the time he pulled the trigger and the time the bullet shot off. That "hang fire" time, Popowich says, was 10-12 seconds.

Nathan Voinorosky is the next witness. He is again talking about hang fire. He is a not a gun expert. Says he learned about hang fire through the hunter safety course.

Voinorosky says he was out target shooting when he experienced hang fire. He says there was a seven second delay between pulling the trigger and the gun going off. He says he was pointing at the ground when it went off.

Voinorosky says it was a Soviet made semi-automatic rifle that had this hang fire.

Now onto Murray Fouhy. "Dad and I were in the pastor. We were putting a water trough up."

Fouhy talking about seeing damage done to his/his parent's property on Aug. 9. Says they ripped off lid to console, tried to start the truck but we on able to get it moving. Says someone tried to break into his father's truck as well: "I seen all the damage he did on his truck."

Lawyer asks Fouhy if he saw the damage to his truck. "Oh yah, I did so."

So Fouhy now done. He testified he saw damage to vehicles on his property . We've heard earlier testimony from Meechance and Cross--two of the people in that SUV--that they were at that farmyard and said they tried to break into at least one truck.

Next witness is Glennis Fouhy.

This is Murray Fouhy's mother. They all live on the same farmyard, near the Stanley's.

"A young man got out of the backseat..on the passenger's side and scooted into the garage where my car was parked," Mrs. Fouhy says.

"It was a young native man, well dressed and clean cut but I didn't see his face," Fouhy says.

"I could see there was damage to the truck and I assume that they were banging on," she says.