Shayne McGenn is shown here being escorted out of the Penticton Courthouse in May 2016 after being remanded to Abbotsford to face second-degree murder charges. (Dale Boyd/Black Press)

Crown alleges that 2016 killing happened during confrontation over money

David Delaney of Abbotsford was found dead in apartment in February 2016

Court documents related to the February 2016 death of David Delaney of Abbotsford indicate that the Crown will allege at trial that Delaney was killed during a confrontation between him and a man who was staying with him.

The public documents reveal evidence that was presented during a “voir dire” (a hearing) to determine whether certain statements should be allowed at trial.

Shayne McGenn, 35, who has been charged with second-degree murder, and Sarah Sather, also 35, who has been charged with accessory after the fact, were initially set to go on trial on April 30 of this year, but the proceedings have been delayed.

Delaney, 63, was discovered dead on Feb. 23, 2016 in his fourth-floor suite in the Aspen Court apartment building on Center Street in Abbotsford.

Court records indicate that Delaney died on or about Feb. 7.

During the recent voir dire, which concluded May 8, the Crown sought the admission of statements that Delaney made to friends and colleagues prior to his death.

McGenn’s lawyer fought the admission of some of the statements, but the judge ruled that they should be allowed at trial.

The documents from the hearing indicate that McGenn moved into Delaney’s apartment in August 2015 and obtained a job at Big River Restaurant in Coquitlam, where Delaney was a manager.

Delaney fired McGenn in 2016 due to concerns about his drug use at the restaurant, the documents state.

In late January 2016, Sather and the child she had with McGenn also moved into the apartment.

The court documents state that McGenn, who was in the midst of a drug addiction, borrowed money from Delaney and some of his co-workers to finance his drug habit.

McGenn also used Delaney’s credit card without permission, and this created further financial problems for Delaney, the documents state.

“At one point, Mr. Delaney had to borrow money from his friends to cover his own debts,” they add.

The relationship deteriorated to the point where Delaney intended to ask McGenn, Sather and their child to leave his apartment, the documents indicate.

“The theory of the Crown is that the deterioration in the relationship between Mr. Delaney and Mr. McGenn brought on by financial strain and Mr. McGenn’s behaviour resulted in a confrontation during which Mr. McGenn murdered Mr. Delaney,” the records state.

The documents do not indicate the manner in which Delaney was killed.

The court heard during the voir dire that the Crown intends to present certain statements at trial that will establish Delaney’s state of mind, his intention to address the issues with McGenn, the nature of the relationship between the two men and to establish motive for the killing.

McGenn was arrested and charged in Penticton in May 2016, and Sather was also charged around that time.

 

David Delaney was found deceased in February 2016 in his suite at the Aspen Court apartment building on Center Street in central Abbotsford. (File photo)

Just Posted

Regulatory confusion over ‘toxic’ stink near Abbotsford school

Officials sniffing out which regulators responsible for enforcing compliance at neighbouring property

No charges against cop accused of stuffing money into sock during search

BC Prosecution Service says not enough evidence against Abbotsford officer

Man missing from Abbotsford was not dressed for the weather

Police say Ngamphon Khamkong was wearing shorts and no shirt when last seen Nov. 8

Abbotsford Falcons teams win VCFL title

Atom Black, Peewee Black teams win championship on Saturday

Abbotsford’s jubilee fireworks saved

Sponsor shortfall had left pyrotechnic conclusion to annual Christmas event on the chopping block

VIDEOS & SLIDESHOW: Abbotsford Remembrance Day 2018

Local highlights from Nov. 11 ceremonies

Tubing, skating, light display part of new winter festival in Vancouver

Set to open Nov. 23, the six-week festival will take over Vancouver’s Concord Pacific Centre

Commercial trucks banned from left lane of Coquihalla

B.C.’s Ministry of Transportation has introduced a new program that hopes to prevent accidents and closures on the Coquihalla Highway.

B.C. on track to record same number of overdose deaths as last year

128 people died of overdoses in September, bringing the total to more than 1,100 so far in 2018

B.C. firefighters rescue horse stuck in mud

‘It happens more often than you’d think,’ says deputy chief

Canadians more prepared for weather disaster than financial one: poll

RBC recommends people check their bank app as often as the weather app

B.C. dog owner sues after pet killed in beaver trap

A Kamloops man is suing the operator of a trapline north of the city after his dog died

Heading soccer balls can cause damage to brain cells: UBC study

Roughly 42 per cent of children in the country play soccer, according to statistics from Heritage Canada

Supreme Court hears case on migrant detainees’ rights to challenge incarceration

Currently, migrants who do not hold Canadian citizenship can only challenge detention through an immigration tribunal or a judicial review.

Most Read