Jury deliberations are underway in the murder trial of a Leamington man accused of killing his best friend.
The jury, consisting of 10 women and two men, will decide the fate of 45-year-old Andrew Cowan, who has pleaded not guilty to first degree murder in the death of 53-year-old Edward Witt.
Witt was killed in a crash on Oct. 21, 2012.
Court heard Witt was a passenger in his pickup truck that was driven by Cowan at a top speed of 154 km/h when the truck went up a flower embankment and airborne, slamming into the second floor of a building in Leamington.
Both men were wearing seat belts upon impact.
Cowan’s defence team says the men entered into a suicide pact, while the crown argues it was Cowan's plan and “his alone.”
During the trial that began Aug. 1, the crown introduced 21 witnesses and the defence called four people to the stand.
A key piece of evidence in this case is a text message sent from Cowan's phone to a friend stating: “Ed and I are considering suicide tonight. I wanted you to know I loved you. See you in heaven babe."
But the defence argues its unknown who sent that text message that night.
On Tuesday in Superior Court, Judge Kelly Gorman gave instructions to the jury about the deliberation process including key questions that the jury members must answer.
Those questions include did Cowan cause Witt's death unlawfully? Did Cowan have the state of mind to commit murder? And was the murder both planned and deliberate?
The jury can find Cowan guilty of first or second-degree murder or even manslaughter or members could find him not guilty.
