SUPREME COURT OF Nova Scotia
Citation: R. v. Dennis, 2025 NSSC 59
Date: 20250214
Docket: CRK 508588
Registry: Kentville
Between:
His Majesty the King
v.
Devyn Adam Dennis
TRIAL DECISION
Judge: |
The Honourable Justice Jamie Campbell |
Heard: |
January 17, 20 to 24 and 27 to 30, 2025, in Kentville, Nova Scotia |
Oral Decision: |
February 14, 2025 |
Written Decision: |
February 18, 2025 |
Counsel: |
Peter Craig KC and Shauna MacDonald KC, for the Crown David Hirtle KC and Shawnee Gregory, for the Defence |
By the Court (orally):
[1] The charred remains of Robert Campbell were found in his father’s burned van near the St. Croix exit of Highway 101, on May 24, 2020. The medical examiner determined that Mr. Campbell died quickly from a gunshot wound to the chest. The answer to the question of who killed Robert Campbell remains unknown. This case will not provide an answer to that. It is not about who shot Robert Campbell. Robert Campbell’s friend Darroll Atwell pleaded guilty to several charges relating to the burning of the body and the van, the hiding of evidence that related to Robert Campbell’s death and break and enter at 1997 Ridge Road, close to Wolfville. Devyn Dennis was also a friend of Robert Campbell and Darroll Atwell. He has been charged with break and enter, interfering with the remains of Robert Campbell, burning the van in which Mr. Campbell’s body was found, and two counts of obstruction of justice. The Crown invited a not guilty finding on the obstruction charge related to the burning of the van and a not guilty finding was entered at trial.
[2] If Mr. Dennis is to be found guilty of any of the offences with which he has been charged the Crown must prove each of the essential elements of those offences beyond a reasonable doubt. The Crown is not required to prove each piece of evidence to that standard. But the evidence when considered together must prove guilt to that high standard.
[3] Darroll Atwell’s guilty pleas are not relevant. They offer no evidence about the circumstances surrounding the death of Robert Campbell, the burning of his body in his father’s van, or the disposal of other evidence. They provide no evidence about the charges facing Mr. Dennis and no inferences can be drawn from those pleas about any alleged involvement by Devyn Dennis.
The Physical Evidence
[4] Some aspects of the case have been established by physical and uncontentious evidence. The testimony of witnesses, to some extent, can be assessed having regard to that evidence.
[5] To begin with, Robert Campbell died at Ridge Road, near Wolfville on May 24, 2020. The evidence of the medical examiner was that he died from a gunshot wound to the chest and the severity of the wound would have quickly caused Mr. Campbell’s death. Blood with Mr. Campbell’s DNA was located on the floor of the mobile home at 1997 Ridge Road.
[6] An expended 30-30 shell casing was found inside the home.
[7] The home was in a state of disarray. On the floor in the living room area there was a large quantity of a dust substance that does not appear to have accumulated over time and is consistent with the material released by a fire extinguisher.
[8] It was well established that at about 5:10 am on the morning of May 24, 2020, the RCMP received a request for assistance from Emergency Medical Services. One of the paramedics who contacted the RCMP noted that two people, later identified as Rebecca Moir and Brandon Doucette who lived at 1997 Ridge Road, were trying to flag them down by the roadside. When the EHS vehicle stopped, Rebecca Moir and Brandon Doucette tried to get inside. They were not permitted to get in and the RCMP were called.
[9] Surveillance video from Glooscap Landing, a commercial development that includes a gas station and a Tim Hortons, showed both Darroll Atwell and Devyn Dennis fueling a Ford F-150 at about 6 am on May 24, 2020. Glooscap Landing is just off Highway 101 approaching Windsor when heading toward Halifax.
[10] On the morning of May 24, 2020, the RCMP responded to a call about a fire on Rocks Road, near the St. Croix exit, just past Windsor on the way to Halifax. The fire department had arrived first and extinguished the fire. A vehicle had been burned. It was a Dodge van owned by Michael Campbell who is Robert Campbell’s father. The burned body of Robert Campbell was found in the passenger area of the van, on the floor behind the front seats. Inside the burned van were also found a cylindrical object consistent in size and shape with some fire extinguishers and a square metal can, consistent with the kinds of cans used for the sale and transportation of fuels like camp fuel or kerosene. The objects were burned so that no markings were visible that would allow them to be positively identified as either a fire extinguisher or a fuel can.
[11] The police took a statement from Darroll Atwell. Following that, on June 16, 2020, they searched a wooded area around Deep Woods Road and Forsythe Road not far from New Minas. Under some bushes they found a 30-30 calibre rifle that was later identified by a firearms expert as being 30-30 lever action Marlin. In the expert’s opinion the 30-30 Marlin found on June 16, 2020, was the firearm that fired the expended cartridge found at 1997 Ridge Road. Near where the 30-30 Marlin was found a red baseball style cap was also located. The baseball cap has an Under Armour logo on the wearer’s left side if the cap is worn with the bill facing forward. There are white printed words on the front. On the bill of the cap is what appears to be a round black sticker with white letters MD/LG with a red Under Armour logo at the top of the circle. In the surveillance video from Glooscap Landing Mr. Atwell can be seen wearing a cap which appears to be very much like the red cap found close to the Marlin 30-30.
[12] The police searched the homes of Mr. Atwell and his father. They located a pair of ski goggles which had on them Darroll Atwell’s DNA. They found a face mask. In a Ford F-150 truck, under the rear passenger seat, and beneath some debris, the police located white cotton work gloves. Those gloves contained blood stains. The DNA expert identified that as the blood of Robert Campbell. On the cuff of the glove was located the DNA of Devyn Dennis.
[13] That physical evidence does not in itself allow for the construction of a reliable narrative by making reasonable inferences. Any narrative created from the physical evidence alone would require speculation. It is however information that should be used to test the reliability of what various witnesses said.
The Sources
[14] There are three main sources for information about what happened and there are issues about the reliability of each. Rebecca Moir was not a reliable witness at all. She has an extensive criminal record, ran what could best be described as a crack house, was clearly involved directly in the incident that led to the death of Robert Campbell and was using drugs on the night of the incident. It is unlikely that either Darroll Atwell or Devyn Dennis shot and killed their friend Robert Campbell. Rebecca Moir and Brandon Doucette were reported as being the only other people there at the time of Robert Campbell’s death. Rebecca Moir’s evidence can be used only insofar as it is corroborated by other evidence. She is a Vetrovec witness and great care must be taken in assessing the truthfulness and reliability of anything that she said.
[15] Darroll Atwell was interviewed by the police and pleaded guilty to break and enter at 1997 Ridge Road, interfering with the human remains of Robert Campbell, arson, and obstructing justice, all on May 24, 2020. He was sentenced to 4½ years in prison. He also has a criminal record beyond that. In May 2020 he was a heavy user of illegal drugs. He had been using drugs on the night of May 23 and early hours of May 24, 2020. Mr. Atwell was able to remember some things but not other things. He described his memory like a CD that skips. There are some things for which he has good recollection and some things he cannot remember at all. He attributed that himself to trauma. Mr. Atwell was clearly involved in the circumstances leading to the death of Robert Campbell and there is every reason to be suspicious about anything he might say. He, like Rebecca Moir, is a Vetrovec witness so that his evidence, like hers, should not be relied upon unless it is corroborated by other evidence.
[16] The late Anthony Kelly gave an audio recorded statement on June 22, 2020, to the RCMP in New Minas about information that he said had received about the circumstances surrounding the death of Robert Campbell and the involvement of Devyn Dennis. Mr. Kelly died on August 23, 2021. Mr. Kelly’s out of court statement is hearsay. It was the subject of a Bradshaw voir dire. It was admitted as evidence in the trial, for the truth of its contents. Admissibility was based on the procedural and substantive indicia of reliability of the statement and the circumstances under which it was made, as set out in the oral decision on the voir dire. Despite being admitted, there are hearsay dangers that must be noted. The admission of the statement as evidence does not presume its truth or accuracy. While Mr. Kelly’s statement to the police was audio recorded, though not video recorded, Mr. Kelly’s truthfulness in recounting what Mr. Dennis is reported to have said, and the accuracy of Mr. Kelly’s reporting of the conversation, have been untested. While Anthony Kelly was not in any sense a Vetrovec or “unsavoury” witness, the recording of the statement should be used with considerable caution.
[17] Large portions of Mr. Kelly’s statement must be entirely disregarded. He speculated on what might have happened, gave his opinion on various matters and spoke about the character of the accused and Mr. Atwell. Those things are of course not admissible as evidence in the trial.
[18] With that said it must also be noted that Mr. Dennis is reported to have spoken to Anthony Kelly just days after the incident involving the death of Robert Campbell. Mr. Kelly came to the police himself a few weeks later, so the information was relatively “fresh”. Mr. Kelly said that he came to the police because someone had died. He said that Mr. Dennis looked up to him as a sort of father figure. There is of course no way to test the truth of those assertions. They cannot be used to buttress the truthfulness or accuracy of the statement.
[19] Either Mr. Kelly fabricated the entire thing, or Devyn Dennis did approach Mr. Kelly and spoke to him. If Mr. Dennis did speak to Mr. Kelly, Mr. Kelly was either truthful and accurate or either intentionally or unintentionally misrepresented what Mr. Dennis told him. It is unlikely that the statement is a result of a complete fabrication. Mr. Kelly’s statement contained details that were shown to have been accurate. It would have been a remarkable feat of imagination. If Devyn Dennis sought out Mr. Kelly as a person to speak to about the event, a relationship of some positive kind can be inferred. Mr. Kelly would have had no reason to misrepresent what he believed that Mr. Dennis had told him. Still, Mr. Kelly could not be cross-examined and despite the significance of what he had been told there is no way to test his ability to accurately perceive and relate what he had been told. When considering Anthony Kelly’s statement it is important to consider whether it is consistent with other evidence.
[20] So, there are three primary sources of information beyond the physical evidence and each of them must be assessed with some skepticism.
The Death of Robert Campbell
[21] Robert Campbell, Devyn Dennis and Darroll Atwell were friends. They each used a lot of illegal drugs. Darroll Atwell testified that Robert Campbell had come into some money. He spent $3,000 on drugs from Rebecca Moir and maintained that he had been ripped off. Mr. Atwell said that half of it was just sugar. The three friends had been together on all day, doing drugs and drove in the van used by Robert Campbell to Rebecca Moir’s place. Mr. Atwell referred to it as a “crack shack”. The purpose was to get the money back or to get more drugs.
[22] That narrative is consistent with the statement that Anthony Kelly gave to the police. He said that Devyn Dennis told him that they were going to “get our drugs or our money” and Robert Campbell drove them.
[23] Rebecca Moir’s evidence was that she had been told that she was going to be “hit by three guys that night”. That of course was hearsay if used for the truth of the statement made to Rebecca Moir. But Rebecca Moir believed, rightly or wrongly, that something was going to happen that night. She said that she locked the door and maintained that there was a lock on the door to the mobile home. There were weapons inside the mobile home.
[24] The purpose of the trip to Rebecca Moir’s home was not simply to party with her. There was a dispute about the money that had been paid for the drugs. The three men, Atwell, Campbell and Dennis, waited in the van while someone else was in the mobile home. Mr. Atwell said that was just the way it was done. You would normally not go into the “crack shack” when someone else was there doing business. Rebecca Moir described the activities at the trailer as involving people buying drugs and hanging out, using drugs. It was not a series of discrete customers who arrived one by one, each waiting for the other to transact their business. It seems to have been a place where people could go to buy drugs and use those drugs with others, including Rebecca Moir herself.
[25] The three men waited in the van until others had left the trailer. That is consistent with the plan to go in to recover the money or the drugs and to resolve the drug rip off. That would only be done through a confrontation with the drug dealer and not by an appeal commercial fair dealing and decency or threats of legal action. It would be highly unlikely that the drive to Rebecca Moir’s house was made with in silence about why they were going there. They were going into a crack house to demand satisfaction from a drug dealer, who could reasonably be presumed to be armed to deal with just such contingencies.
[26] Mr. Atwell was confronted with a statement that he made to the police. In that statement he said that there was a conversation in the van about the three men waiting until the others had left and “go in there and be mean to them for what they. You know what …. taking my wife fucking hostage….my fiancé hostage and tell them to give us dope.” Mr. Atwell did not initially remember that conversation but adopted it when cross-examined by the Crown as part of the s. 9(2) Canada Evidence Act procedure.
[27] According to Darroll Atwell, when they arrived at Rebecca Moir’s mobile home, he and Robert Campbell went in, “for sure”. He said that he was not sure about whether Devyn Dennis went in. He could not remember. He said that he was severely intoxicated at the time and had not slept for days. Despite that, he was able to remember some things in detail. He was able to drive to his own home and then on to Rocks Road. Clearly, Devyn Dennis was in the van with Campbell and Atwell. Mr. Atwell’s memory of events around what Devyn Dennis did or where Devyn Dennis was, was remarkably weak and his memory faded particularly when questions were asked about Devyn Dennis’ involvement.
[28] Mr. Atwell said that they just walked in because the door was open. A drug dealer running a crack house who is expecting trouble from three people during the night, is unlikely to have just left the door unsecured much less swinging wide open. Rebecca Moir herself said that the door to the mobile home was locked on May 24, 2020. She said that there was a lock in the handle of the door. The door itself was badly damaged when the police photographed it. Mr. Atwell said that the door had been like that for some time. Rebecca Moir said that the door was like that because it had been kicked in on May 24, 2020. She said that she heard the pounding at the door that night before people came into the home.
[29] Mr. Kelly in his statement reported that Mr. Dennis had told him that they kicked the door in and just went in. That is consistent with Rebecca Moir’s evidence.
[30] Mr. Atwell said that even though he had pleaded guilty to break and enter there had been no break and enter. He said they just walked in as other people often did.
[31] Mr. Atwell said that as soon as they entered the mobile home Robert Campbell was shot. Rebecca Moir said that she had been in bed for 30 to 45 minutes when she heard pounding at the door. Brandon Doucette ran out of the bedroom. She said that she saw someone standing over her with a gun, either a shotgun or a rifle, not a handgun. The person was wearing a face mask, ski goggles and a camouflage coat. She thought it was Darroll Atwell even though she could not see the person’s face, based on what she said was the person’s “aura”. A face mask and ski goggles with Darroll Atwell’s DNA were found on his property though there is no way to establish that they were the same face mask and ski goggles worn by the person who Rebecca Moir said came into her room with a long gun. She said that she sat up, getting ready to be shot and there was a bang heard from down the hallway. She was sure that the bang was from a gun. She said that she decided to run for it and jumped out a bedroom window. She was met outside by Brandon Doucette, and they ran for the main highway. It was there that they flagged down an EHS vehicle and were eventually met by the RCMP.
[32] Mr. Atwell said that as soon as they entered Rebecca Moir’s place Robert Campbell was shot. He said that he went into the bathroom and hid. He remembered having a fire extinguisher with him and could not remember doing anything with it. Why and how he ended up with a fire extinguisher in the bathroom has not been explained. He could not remember telling the police that he shot the fire extinguisher off at “the guy”. Mr. Atwell’s evidence was that he acknowledged the words that were said to the police but that he did not remember anything about setting off the fire extinguisher. His evidence was not what was said in the statement but what he said in court.
[33] Mr. Kelly’s statement was that Devyn Dennis told him that “Soup [Robert Campbell] went to the left and boom, shot him in the chest.” He also said that Robert Campbell went in, turned to the left to go towards the hallway “and the door comes blasting open and boom he said and got him right here in the chest.”
[34] Darroll Atwells’ evidence and Anthony Kelly’s statement about what Devyn Dennis told him are consistent on the point that Robert Campbell was shot almost immediately upon entering the mobile home. They are consistent with Rebecca Moir’s evidence only in noting the absence of any discussion or verbal confrontation or demand for payment. It all happened very quickly.
[35] Rebecca Moir said that she jumped out the bedroom window, tore her clothes and injured herself. She said that she was met there by Brandon Doucette. Mr. Atwell said that he saw Brandon Doucette leave through the second front door, which exits onto the front deck and is closer to the bedroom area away from the main door by which he made entrance. Anthony Kelly reported Devyn Dennis as saying that “the girl and the guy” jumped out of the window. The three sources of information are consistent in describing that Rebecca Moir and Brandon Doucette left in what appears to have been some considerable hurry and without exchanging any words with those who came into the home unannounced. A piece of cloth from Rebecca Moir’s clothing was found on a wooded pallet leaning against the window from which she jumped.
[36] Darroll Atwell said that he took the rifle that was later identified as having fired the expended 30-30 cartridge found in the mobile home and put it in the van. Mr. Kelly reported Devyn Dennis as saying that it was he who picked up the 30-30 “Mar….Winchester”. As the firearms expert testified, the rifle that fired the expended cartridge was a 30-30 calibre lever action Marlin rifle. It is very similar to a Winchester rifle. The rifle was placed in the van. Mr. Kelly said that Devyn Dennis told him that he pointed the rifle in the direction that the two fleeing people were running and “emptied the rifle”. Rebecca Moir’s evidence was that shots were being fired at her and Brandon Doucette as they ran away from the scene. When she and Brandon Doucette were met by EHS paramedics and later the RCMP they were in a state of considerable anxiety. They tried to get into the EHS vehicle from which it might be inferred that their anxiety was based on fear for their safety. The clothing they were described as wearing was consistent with their having left in a hurry.
[37] Darroll Atwell testified that he used a “fireman’s carry” to drag Robert Campbell out of the mobile home. He got him outside and leaned him against a shed to “check his vitals”. He determined that Robert Campbell had been shot in the chest and was already dead. Mr. Kelly reported that Devyn Dennis told him that “they gathered him up” and Robert Campbell died in Mr. Dennis’ arms. Mr. Atwell said that Robert Campbell died in his arms. The evidence is consistent with the medical examiner’s report that Robert Campbell was shot in the chest and died quickly.
[38] Mr. Kelly’s statement was that Devyn Dennis told him that “we gathered him up and put him in the van”. That suggests that Mr. Dennis and Mr. Atwell together put the body of Robert Campbell in the van. Darroll Atwell said that he put Mr. Campbell’s body in the van.
[39] Darroll Atwell’s memory with respect to where Devyn Dennis was through all of this was hazy at best. He could not remember whether Devyn Dennis had come into Rebecca Moir’s place at all. As he pulled Robert Campbell’s body out of the home, he could not remember where the only remaining person at the scene, Devyn Dennis, was. He said it was a “bit of a blur”. He did say that he dragged Robert Campbell out of the mobile home on his own, without help from Devyn Dennis because of a pact he had made with Robert Campbell, as both former members of the militia. Mr. Atwell said that Mr. Campbell had gone to Halifax some time before and got into a close scrape with some drug dealers. He was concerned that he was going to be killed. Robert Campbell and Darroll Atwell then made a “drunken buddy pact” that if either died in a crack house the other would take his body out and burn it in the woods. According to Darroll Atwell getting the body of Robert Campbell out was his business and not Devyn Dennis’. He said that Devyn Dennis must have been in the van in the driveway, but he could not recall. When asked about his recorded statements given to the police he would acknowledge that if those words were recorded he must have said them but he could recall almost nothing in response to questions about Devyn Dennis’ actions on May 24, 2020.
[40] While it must be acknowledged that people do some strange things and just because something seems strange does not mean it is not true, the idea of the crack house pact is challenging to accept. It serves the purpose of keeping Devyn Dennis out of the picture. Mr. Dennis was not party to the pact so accordingly, he would have had no moral obligation to help drag Robert Campbell’s body out of Rebecca Moir’s home and could just wait while Darroll Atwell did that. He could stand by while Darroll Atwell lifted Robert Campbell’s body and manoeuvred it into the back seat area. Mr. Atwell said nothing about the “drunken buddy pact” meaning that only the other party to the pact could get the body out of the crack house and set it on fire in the woods. But it also seems oddly specific. A pact between friends to protect one another if they were to find themselves in a crack house might make sense. Even a pact to recover one’s body in the event of a violent death is conceivable, though making it specific to a crack house makes it harder to grasp. But there seems to be no reason at all, no reason whatsoever, to tie death in a crack house with burning the body and specifically burning it in the woods.
[41] Mr. Atwell said that he loaded Robert Campbell’s body into the back of the van, behind the front passenger seats, through the sliding passenger door. He had no recollection of where Devyn Dennis was or what he was doing. He did not say that Devyn Dennis helped him to put the body in the van.
[42] A glove was found in the Ford F-150 owned by Darroll Atwell. It was stowed in a compartment under the rear passenger seat of the truck. It was a cotton work glove. On the finger of the glove was found the blood of Robert Campbell. Devyn Dennis’ DNA was found on the cuff of that glove. That would be consistent with Mr. Dennis having had on the glove and touched Mr. Campbell when he was bleeding. There is no way to date when Mr. Dennis’ DNA got on the glove and no way to know how it got on the glove. The evidence from Darroll Atwell is that the work gloves were used by several people, one of whom was Devyn Dennis, when he did work for Mr. Atwell.
[43] Mr. Atwell and Mr. Dennis then left in Robert Campbell’s van. Mr. Atwell said that he drove.
[44] So, at this point, Mr. Dennis was in the van with Darroll Atwell and the dead body of their friend, Robert Campbell. They could contact the police or not. There is nothing to suggest that Darroll Atwell made any threats to Devyn Dennis to make him comply with a plan that did not involve taking Robert Campbell’s body to a hospital or to the police.
The Drive to Rocks Road
[45] According to Mr. Atwell he and Devyn Dennis then drove to his home in Melanson about 3 miles from Rebecca Moir’s mobile home on Ridge Road. Mr. Atwell said that he drove, and he could not remember where Devyn Dennis was in the van. There was, he said, “a lot of blurriness”. Mr. Atwell said that he was panic stricken and had the idea to get the truck to follow him “so we could take the van and burn it”. Mr. Atwell noted that it was his idea. Mr. Atwell said that they were at his place in Melanson for less than 5 minutes before getting on the road, with him driving the van and Devyn Dennis following behind in the truck.
[46] Anthony Kelly’s statement confirms that Darroll Atwell and Devyn Dennis left Rebecca Moir’s mobile home together in Robert Campbell’s van, with Robert Campbell’s body in the back. That is what he says Devyn Dennis told him. He also said that Mr. Dennis told him that they got “a bunch of kerosene, or I think he told me kerosene” at Darroll Atwell’s. Mr. Atwell however said that he knew that there was kerosene or camp fuel in Robert Campbell’s van.
[47] Mr. Atwell was asked if he told Mr. Dennis where they were going and he said no, only that he should follow him in the truck. He was asked if they discussed what was going to be done with the van and the body of Robert Campbell and Mr. Atwell replied that he could not or did not remember. It is clear and would have been clear at the time that they were not going to the hospital or to the police. It would also have been clear at that time that they had gone to pick up Darroll Atwell’s truck because wherever they were going, they were not coming back in Robert Campbell’s van.
[48] Mr. Atwell testified that he could not remember much about the drive but did recall that the truck needed gas. They parked the van and went in the truck to get gas at Glooscap Landing just outside Windsor. In Anthony Kelly’s statement to the police he said that Devyn Dennis told him that they stopped at the landing to get gas for the van. Mr. Kelly appeared to be under the impression that there was only one vehicle, the van. He thought that there must have been another person involved but he did not suggest that Devyn Dennis had told him anything about a third person. But Anthony Kelly did say that Devyn Dennis and Darroll Atwell stopped at the landing to get gas.
[49] The video surveillance from Glooscap Landing from around 6 am on May 24, 2020, shows Darroll Atwell and Devyn Dennis both standing beside Mr. Atwell’s Ford F-150 truck, putting gas in it. The van had been parked somewhere else and both Mr. Atwell and Mr. Dennis arrived and left in the F-150. Mr. Atwell can be seen inside the retail area of Glooscap Landing wearing a red baseball cap, like the one found by the police close to the 30-30 rifle in the area around Deep Hollow Road and Forsythe Road, and a camouflage jacket.
[50] Mr. Atwell said that he drove the van and Mr. Dennis followed driving the truck. He took the St. Croix exit to a place that he had been before, about 200 yards up an unserviced road running from the parking lot, close to the exit.
Burning the Van
[51] The van owned by Michael Campbell, Robert Campbell’s father, was found burned at Rocks Road, off the St. Croix exit of Highway 101. Robert Campbell’s burned body was found in the back, where Darroll Atwell and Devyn Dennis, as reported by Anthony Kelly, said it had been placed.
[52] Mr. Atwell testified that he told Devyn Dennis to follow him and that is what Devyn Dennis did. When they got to the clearing where the van was eventually found, he said that he kissed Robert Campbell on the forehead and lit the van on fire. He could not remember if Devyn Dennis got out of the truck, but they were not there very long.
[53] Anthony Kelly’s statement was that Devyn Dennis told him that the location was the one that was picked by Darroll Atwell. Mr. Kelly did not report Mr. Dennis saying anything about Mr. Atwell fulfilling his obligation under a pact to burn Robert Campbell’s body. He said that “they” doused the van with kerosene and lit it on fire.
Marlin 30-30
[54] Darroll Atwell’s evidence was that after Robert Campbell was shot in Rebecca Moir’s home, he saw the rifle was laying in the doorway. He grabbed it, emptied it of ammunition, and threw it in the van. He could not remember where in the van he threw the rifle. He said that Devyn Dennis did not shoot the rifle but in answer to the question of whether Mr. Dennis handled the rifle he said that he could not recall.
[55] Anthony Kelly’s statement to the police was that Devyn Dennis told him that it was he who picked up the rifle, pointed it in the direction of where Rebecca Moir and Brandon Doucette were running and “emptied” it. Mr. Kelly said that Devyn Dennis told him that the 30-30 rifle belonged to Nathan Cox. That is consistent with evidence from Rebecca Moir that the rifle had been pawned or left as security from a drug payment by Nathan Cox.
[56] Darroll Atwell said that after leaving the place in St. Croix where the van had been burned, he took the rifle to the place where it was hidden in the woods around Deep Hollow Road and Forsythe Road. At that time, he was driving his truck and Devyn Dennis was with him but was asleep. He said that Devyn Dennis was in the truck when he hid the rifle. He was asked whether Mr. Dennis woke up after he had hidden the gun and he said, “Fair to say, I can’t remember”.
[57] Anthony Kelly’s statement was that Devyn Dennis had told him that Darroll Atwell had taken the rifle where nobody would ever find it. Mr. Kelly did not say anything about Devyn Dennis telling him that he was present when the rifle was hidden.
A Basic Narrative
[58] The Crown is not required to prove a comprehensive narrative beyond a reasonable doubt. It is not required to present a solution to the mystery so that no questions remain unanswered. The focus must remain on the offences with which the accused person has been charged and the essential elements of those offences. A narrative does provide context within which those essential elements can be tested. The physical evidence along with the testimony of the witness insofar as that testimony is consistent with other evidence, creates a reliable version of events.
[59] Robert Campbell, Devyn Dennis and Darroll Atwell drove in Michael Campbell’s van, which was used by Robert Campbell, to a crack house run by Rebecca Moir, in the early morning hours of May 24, 2020. They waited outside for others to leave. The purpose of the “visit” was to resolve a dispute about drugs that had been bought earlier. It was not a social visit. It is reasonable to infer that the interaction would be anticipated to involve violence or threats of violence by one or both sides of that exchange.
[60] Once they got inside the home Robert Campbell was shot in the chest and died at the scene. Rebecca Moir and Brandon Doucette, who were the occupants of the crack house, fled to the road where they were picked up later by EHS and the RCMP in a state of considerable distress.
[61] The Marlin 30-30 which fired a cartridge found inside the mobile home was likely to have been the weapon that was used to shoot Robert Campbell.
[62] The rifle and the body of Robert Campbell were placed in the van. Darroll Atwell and Devyn Dennis drove to Darroll Atwell’s home, where they picked up Darroll Atwell’s Ford F-150. They drove to Glooscap Landing after leaving the van with Robert Campbell’s body inside, at another location. They returned to the van. Darrell Atwell drove the van with Devyn Dennis following, to Rocks Road. The van was burned there with Robert Campbell’s body inside.
[63] Darroll Atwell then disposed of the rifle by putting it in the woods in the area where it was later found by the police.
[64] That narrative is inferred from the physical evidence along with the evidence of Darroll Atwell and Rebecca Moir and the statement of the late Anthony Kelly. It does not resolve the inconsistencies in the evidence of those witnesses.
Break and Enter
[65] Devyn Dennis has been charged with break and enter at 1997 Ridge Road with intent to commit an indictable offence.
[66] While 1997 Ridge Road was used as a crack house it was a dwelling, used by Rebecca Moir and Brandon Doucette. It was then a “place” as defined in s. 348(3) of the Criminal Code.
[67] The accused person must be proven beyond a reasonable doubt to have “broken” into the place. Breaking into a place involves the application of some force, however slight and nothing has to have been broken. One does not need to have kicked a door down or broken a lock. Opening or unlatching a door is enough. But going into a building through an already open door that is wide enough for a person to enter is not breaking.
[68] Mr. Atwell’s evidence was that the door was already open and had no locking mechanism on it at all. He said that people were accustomed to just walking in. It is hard to imagine that it was customary for people to just walk in after the occupants had gone to bed. Rebecca Moir on the other hand said that she had locked the door. Anthony Kelly’s statement about Devyn Dennis’ conversation with him was that Mr. Dennis said that they did not knock but just kicked the door open and walked in. There was conflicting evidence about the damage to the door and when it had been done. Rebecca Moir said that the damage occurred when the door was kicked in that night.
[69] The inconsistency about the lock need not be resolved. The issue is whether the door was shut, so that it had to be opened to gain access.
[70] The idea that a person running a drug operation would have a door that did not lock at all or that a person involved in the illegal drug trade, with drugs and weapons in the house, would go to bed with the door swinging wide open, is entirely unreasonable. While rural neighbours may have such a high level of trust that they may leave their doors unlocked, that trust would not be shown by drug dealers. There was no open invitation for anyone to just walk into the home at any hour of the day or night. To that can be added Rebecca Moir’s evidence that she had been warned about the potential for intruders that night. She had every reason to secure the door or at the least, to have closed it. Those who entered the home had to have opened the door, which satisfies the essential element of breaking.
[71] The accused person must be proven beyond a reasonable doubt to have entered the place. That just means that they must have gone in. Mr. Kelly’s statement about what Mr. Dennis told him is clear. Devyn Dennis told Mr. Kelly that they walked in and as soon as they were inside Robert Campbell was shot.
[72] Darroll Atwell readily acknowledged that he went into the mobile home and it was obvious that Robert Campbell went in as well. Mr. Atwell’s memory issues about the incident appear to centre on Devyn Dennis’ participation. He said that he was “not sure” if Devyn Dennis went into the mobile home with Robert Campbell and him. After he removed Robert Campbell’s body from the mobile home he could not recall where Devyn Dennis was. It was a “bit of a blur”. When he placed the body of Robert Campbell in the van he did not “believe” that Devyn Dennis helped. He could not recall where Devyn Dennis was seated in the van. There was, he said, “a lot of blurriness”. Mr. Atwell was asked whether, after they left Ridge Road and went to his home, there was any discussion about what they were going to do. At this point, they had the van with the body of Robert Campbell in it. He said that he could not remember having any discussion about what they were going to do. When they got to Rocks Road, Mr. Atwell was driving the van and Mr. Dennis was following in the truck. He was asked if Mr. Dennis got out of the truck. He said that he could not recall and did not remember because they were not there very long. Mr. Atwell described his memory as being like a CD that skips. It appears as though its tendency to skip is related largely to Devyn Dennis’s actions.
[73] With regard to statements that he had made to the police Mr. Atwell would go so far as to acknowledge that the words written on a page were in fact written on a page. He maintained that he could not remember saying those things to the police and at the time of trial had no independent recollection of those matters. His evidence was what he said in court and was not the statement that he gave to the police. He was asked whether he was covering up for Devyn Dennis and Mr. Atwell replied that he was not and could not remember the details. Mr. Atwell attributed his gaps in memory to trauma.
[74] Mr. Atwell could not say that Devyn Dennis was not in the mobile home, only that he could not remember. It is hardly a minor detail.
[75] The three men went to a crack house to resolve an issue involving being shorted on the drugs that Robert Campbell bought. They were not going in to have a calm and reasoned discussion with a legitimate retailer about the quality or quantity of goods received. This was not going to be resolved with a handshake. It is not reasonable to suggest that two of them would go in, while the third remained outside doing nothing. Mr. Atwell did not say that Mr. Dennis remained outside. He just could not remember. Mr. Dennis either went in, as reported by Mr. Kelly, or he did not. The version that would have Mr. Dennis remaining outside becomes even less sustainable as events move forward. A shot was fired, and Mr. Dennis would have done nothing. Mr. Doucette escaped through the second front door facing the driveway, and Mr. Dennis would have passively observed. Mr. Atwell would have appeared, dragging the body of Robert Campbell. Mr. Dennis, not knowing if Robert Campbell was alive or dead, would have not done anything. Mr. Atwell placed the body of Robert Campbell in the van while Mr. Atwell was there, doing nothing to assist. The version of events that would have Devyn Dennis passively waiting while all this is going on, is not a reasonable inference from the evidence.
[76] Mr. Kelly’s report of Mr. Dennis’ conversation with him involved Mr. Dennis going into the mobile home and reporting in detail on what he saw and experienced. Mr. Kelly would simply have had to have made it up and constructed a complex false narrative to implicate Devyn Dennis including details that only someone present would know. In the alternative Mr. Kelly would have to have just misunderstood or got it wrong. The fact that Mr. Dennis went into the mobile home is not a detail but is a part of the story on which the rest hangs. Mr. Kelly said that Mr. Dennis described what happened inside the mobile home and it is not reasonable to speculate that perhaps he misunderstood, and Mr. Dennis was just reporting what Mr. Atwell had told him took place inside. That is especially the case when what Mr. Atwell says happened and what Mr. Dennis is supposed to have told Mr. Kelly, are different.
[77] The only reasonable inference from the evidence is that Mr. Dennis entered the mobile home at 1997 Ridge Road. That has been proven beyond a reasonable doubt.
[78] The Crown must also prove beyond a reasonable doubt that Mr. Dennis intended to commit an indictable offence when he broke and entered 1997 Ridge Road. It is conceivable that a person might break and enter a place with no intent to do anything other than just to be there, or to perhaps have a nonthreatening and entirely peaceful and legal conversation with a person inside. There is a presumption set out in s. 348(2) of the Criminal Code that once it has been proven that a person broke and entered a place they intended to commit and indictable offence. The person can rebut the presumption by raising a reasonable doubt as to their intention. That can be done by adducing evidence of an explanation that could reasonably be true.
[79] No such explanation was put forward and argued at the trial. The three men were going in to resolve a drug dispute and waited for others to leave before going in. While Mr. Atwell said that was normal practice, Rebecca Moir described people being there together using drugs. Mr. Atwell also said that groups of people used to hang around inside the crack house. There was a specific reason to wait outside this time. Mr. Atwell adopted his statement to police about going into the trailer to be “mean”. This was not merely to buy some drugs or to use some drugs but to deal with the dispute. And they were dealing with a dispute with a drug dealer.
[80] The only reasonable inference that can be made on the evidence is that Devyn Dennis went into the mobile home at 1997 Ridge Road. It is not reasonable to infer that he remained outside and waited while Robert Campbell and Darroll Atwell entered. That is a possible inference. But it is not a reasonable one. The only reasonable inference is that the door to the mobile home was at least closed, if not securely locked. Those who entered had to have opened the door and if Devyn Dennis was not the person who physically opened the door, he participated in it and was a party to that action. There has been no evidence to suggest any explanation for entry into the home that did not involve the commission of an indictable offence. Three men were going into a crack house to deal with a dispute, not to engage in mediation or a discussion.
[81] The Crown has proven beyond a reasonable doubt each of the essential elements of the offence of break and enter and I find Devyn Dennis guilty of that offence.
Interfering with Human Remains
[82] Devyn Dennis has been charged with indecently interfering with the human remains of Robert Campbell by burning a vehicle with his body inside. There can be no doubt that the act of burning a van with a person’s body inside is an improper or indecent interference with human remains. The issue is whether the Crown has proven beyond a reasonable doubt that Devyn Dennis did that.
[83] There is no doubt that Robert Campbell’s body was burned in his father’s van on Rocks Road near St. Croix. The body was found stuffed into the back seat of the van, on the floor between the front seats and the second-row passenger seats.
[84] Darroll Atwell testified that after the incident at 1997 Ridge Road, he and Devyn Dennis drove back to his place in Melanson and got his truck. He did not recall telling Devyn Dennis about his plans for the body. He drove the van with Robert Campbell’s body in it and Devyn Dennis drove the truck. They went to Glooscap Landing and filled up the truck, leaving the van somewhere out of sight. They went to Rocks Road and Mr. Atwell said that he doused the van with gasoline and lit it on fire. He could not remember if Devyn Dennis got out of the truck.
[85] Anthony Kelly’s statement about what Devyn Dennis told him was that Darroll Atwell wanted to get rid of the “evidence”. They went to Darroll Atwell’s home and picked up kerosene. They drove to Glooscap Landing and got gas for the van. They went to Rocks Road in the van, when they got there they doused the van with kerosene and burned it. Mr. Kelly wondered whether someone else must have been involved with another vehicle.
[86] One inference from the evidence again might be that Devyn Dennis remained a passive observer. He was at the scene when the body of Robert Campbell was put in the van. He could not have missed that. He knew that the van contained the body. He drove with Darroll Atwell in that van, with the body of their friend, Robert Campbell, to Darroll Atwell’s home where they picked up Darroll Atwell’s Ford F-150 truck. Mr. Dennis then drove the truck behind the van until they got to Glooscap Landing. In the surveillance video the van is nowhere to be seen. Mr. Dennis and Mr. Atwell arrived and left in the truck. There was a reason for not taking the van, with the body, to the gas station. They did not want to have anyone see the body in the van. By that stage there could be no doubt whatsoever that they were not going to take Robert Campbell’s body to the hospital or the police, and the van was not coming back with them. If Mr. Dennis were just a passive observer to the whole thing, he drove behind Mr. Atwell and stopped at Glooscap Landing, leaving the van out of sight, then went to Rocks Road, not knowing where they were going or why and remained in the truck while Darroll Atwell got out of the van and burned it. The two men then got in the truck and drove away.
[87] The passive observer inference is not reasonable having regard to the evidence. Mr. Dennis knew that Robert Campbell had been shot. He was his friend. If he were believed to have been still alive, they surely would have taken steps to have saved his life. That would have involved calling an ambulance or perhaps less prudently, rushing him to a hospital themselves. They did not call the police and did not go to the hospital. They had just committed a break and enter. They knew or presumed that Robert Campbell was dead. They went to Darroll Atwell’s place. Either Mr. Dennis asked questions, or he did not. The only reason for not asking questions at that stage was not wanting to know. Mr. Atwell could not recall if Mr. Dennis said that they should take Robert Campbell to the hospital. But he clearly knew that they had a body in the van and that they were not heading for a hospital. They were not rushing anywhere, as can be seen in the stop at Glooscap Landing. Mr. Dennis knew that there was a reason to keep the van, with Robert Campbell’s body out of sight. Anthony Kelly’s statement was that Mr. Dennis told him that Darroll Atwell wanted to get rid of the evidence and they picked up kerosene at Mr. Atwell’s home. If that his true, Mr. Dennis knew that they were involved in getting rid of the evidence, part of which was the body in the van. If he did not know he was willfully blind as to what was happening. If Devyn Dennis did not know that Darroll Atwell intended to dispose of the body of Robert Campbell in some way, he did not know because he did not want to know. There is simply nothing else that could have been done with it. Mr. Dennis was driving around Hants County following a Dodge van with a body in the back, clearly not headed toward the police or a hospital. There is no explanation for what was happening other than that the body and the van were going to be disposed of.
[88] Once they got to Rocks Road the van was doused with kerosene and set on fire. Mr. Atwell could not recall whether Devyn Dennis got out of the truck. Mr. Kelly’s statement about what Mr. Dennis told him was that Mr. Dennis said “they” doused the van with kerosene and lit it on fire. Even if Devyn Dennis had remained in the van, which is not at all likely, and did not himself light the fire, he was a party to what happened. He drove the truck to the location that allowed Mr. Atwell to set the fire, when he knew, or was willfully blind to the fact, that Mr. Atwell intended to dispose of the evidence, including the body of Robert Campbell.
[89] Mr. Dennis either knew that the purpose of the drive was to dispose of the body of Robert Campbell or was wilfully blind to that purpose and refrained from asking Mr. Atwell what his precise plans were. He either participated in setting fire to the van with Robert Campbell’s body inside or participated with Darroll Atwell in a way that allowed him to light the fire and commit the indignity to the remains of Robert Campbell. I find Devyn Dennis guilty of the offence of committing an indignity to a human body.
Arson
[90] Mr. Dennis is charged with arson under s. 434 of the Criminal Code. The allegation is that he set fire to the van owned by Michael Campbell. The Crown must prove beyond a reasonable doubt that Mr. Dennis either recklessly or intentionally caused damage by fire or explosion to property that was not wholly owned by him. The burned van was not owned by Mr. Dennis.
[91] The evidence that relates to the burning of Robert Campbell’s body relates to the burning of the van as well. Mr. Atwell said that he burned the van, and he could not recall whether Mr. Dennis got out of the truck. Mr. Kelly’s statement was that Devyn Dennis told him that “they” set the van on fire after dousing it with kerosene. He also said that Mr. Dennis told him that they picked up kerosene at Darroll Atwell’s home. There is no doubt that the van was burned. The issue is Devyn Dennis’ participation.
[92] The difference between the arson charge and the interfering with human remains charge is that for the latter, even if Mr. Dennis did not himself douse the van with kerosene and set it on fire, he participated with Mr. Atwell in what he knew or remained willfully blind to, was the disposal of a human body in a way that constituted an indignity. They were taking it to get rid of it somewhere and Mr. Dennis was an active and knowing participant in that. For the arson charge Mr. Dennis would have to have been directly involved in lighting the van on fire or have participated as a party in lighting the van on fire. Abandoning the body in the woods or a clearing would constitute an indignity, while abandoning the van would obviously not amount to arson. The inference to be considered is whether even though he knew or was willfully blind as to whether the body was going to be burned or disposed of in a way that would constitute an indignity, Mr. Dennis did not know that the van was to be destroyed intentionally by fire. It is possible that Mr. Dennis might have been surprised to see Mr. Atwell setting fire to the van rather than just disposing of or hiding the body of Robert Campbell.
[93] That inference does not stand up to reason even having regard to the inherent unreasonableness of the actions of Mr. Dennis and Mr. Atwell that night. Mr. Dennis drove with Mr. Atwell to his home to pick up the Ford F-150. If they were going somewhere, with the body in the van, there was a purpose for going to the trouble of taking the truck as well. The only purpose would be to provide transportation on the return trip after the van had been disposed of. If the van were not coming back it might have been burned or just abandoned by the roadside. But there would be no purpose in just leaving the van somewhere after the body of Robert Campbell had been burned or hidden. Wherever the van was left it would have eventually been found, along with any evidence inside it.
[94] The only reasonable inference from the evidence is that Mr. Dennis knew that the van was going to be destroyed and the only way to do that was to burn it, along with the body of Robert Campbell. Mr. Dennis was a party to the offence whether he lit the van on fire or provided transportation to Mr. Atwell who lit it on fire on his own. That is consistent with Mr. Kelly’s statement saying that Devyn Dennis told him that “they” lit the van on fire and that Darroll Atwell wanted to get rid of the evidence. I do not accept that Devyn Dennis drove the truck behind Robert Campbell’s van, not knowing that there was a plan to burn both Robert Campbell’s body and the van.
[95] I find Mr. Dennis guilty of the charge of arson.
Obstruction
[96] Mr. Dennis is charged with obstruction of justice contrary to s. 139(2) of the Criminal Code. That charge relates to the disposal of the 30-30 calibre Marlin lever action rifle that fired the expended cartridge found in 1997 Ridge Road. The rifle was found in the woods in the place to which the police had been directed by Mr. Atwell.
[97] Mr. Atwell’s evidence was that he saw the rifle after Robert Campbell was shot. He picked it up, likely made sure it was no longer loaded, and threw it in the van. He did not say that Devyn Dennis saw him do that. Mr. Kelly said that Devyn Dennis told him that it was he who picked up the rifle, and he then pointed it in the direction that Brandon Doucette and Rebecca Moir had run and emptied it. Mr. Kelly’s statement does not mention about Mr. Dennis saying who if anyone had put the rifle in the van. Neither version of events involved Mr. Dennis putting the rifle in the van or having knowledge of the rifle being placed in the van.
[98] Mr. Atwell’s evidence was that after leaving Rocks Road they drove to the area where the gun was eventually found with what appeared to be the baseball cap he was wearing that night. He said that he put the gun in the woods and that he believed that Mr. Dennis was asleep when he did that. Mr. Kelly said that he asked Mr. Dennis where the gun was. He reported that Mr. Dennis had told him that Darroll Atwell had taken it and told him that no one would ever find it. According to the content of Mr. Kelly’s statement Mr. Dennis was making no efforts at all to distance himself from what had taken place. Neither what Mr. Kelly said nor what Mr. Atwell said suggest that Devyn Dennis had anything to do with the knowing removal of the rifle from the scene or its eventually being placed in the woods. It is the removal of the rifle from the scene and its hiding that form the basis of the offence and there is not sufficient evidence to prove beyond a reasonable doubt that Devyn Adam Dennis had anything to do with removal and hiding of the Marlin 30-30. I find him not guilty on that charge.
[99] In summary:
Count 1 – s. 348(1) – Guilty |
Count 2 – s. 182(6) – Guilty |
Count 3 – s. 434 – Guilty |
Count 4 – s. 139(2) – Not Guilty – Ruling made in trial. |
Count 5 – s. 139(2) – Not Guilty |
Campbell, J.