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Whitby Free Press, 3 Nov 1982, p. 1

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Demonstrators from the Canadian Union of Public Employees waited for two hours toteil MPP George Ashe what they think of the governument's restraint program, but Ashe's office was closed tight:as a drum. Merv McDonald (left) and Hazel Lepard, two Local union presidents, are shown above. Story on page three. Davis.gtslfefr cottage slaying An Oshawa man was convicted of second degree murder and sentenced to life imprisonment in the Ontario Supreme Court in Whitby Monday. 1Michael Matthew Davis, 20, of Cambridge Court in Oshawa, was found guilty of killing 19-year-old James Dun-' can Newlands in a Whitby cottage last March. Mr. Justice Callon returned the life sentence after the 12- man jury gave the guilty verdict. James Newlands Michael Davis During the six-day trial, Davis claimed he shot Newlands in self defence in the home of Thomas Childs who was away on vacation at the time. The two men had. apparently been drinkIng in a bar on March 16 and later broke into the Child residence, where Davis claimed they contmnued to drink and shoot at a log with the shotgun. Davis claimed Newlands returned from the washroom holding a pellet pistol aimfed at Davis' head. "He had it pointed rlght at my head," Davis testified Thursday. "II swung aro 1und and grabbed the shotgun and shot him." 1"1(Then) I jumped over the couch and pumped it and shot another one in, " Davis testified. When asked by defence lawyer W.B. Affleck.why he shot Newlands two times, Davis said, 'II was scared he was going -to grab the gun and shoot me." Davis claimed the two men had had a scuffle prior to the shooting over a 'threat by Newlands that he was going to "blow away" some police officers. Crown Attorney Ed Bradley attempted to establish that Davis knew the difference between the damage a pellet pistol could do and a shotgun's force.. The two men found both wea- pons in the Childs residence. ."Would it be fair to say you knew one of those tiny little pellets wouldn't do very much damage?" Bradley asked Davis Thursday. "No," Davis replied. 'II wasn't paying attention. Davis told the court he had neyer used a firearm prior to that evening. Davis claimed that after he shot, Newlands, he unstrapped the pistol hoîster from Newlands' body and ran out of the cot- tage with both weapons. He said hé threw the shotgun over a small enibankment in- to frozen Lake Ontario, and deposited the pellet pistol'in a field some distance away from the cottage near Thickson Road. Davis claimed he then went to a friend's house and told him III shot somebody whowas trying to shoot me." N'ewlands' body -was not discovered until. three days after- the shooting occurred. Defence lawyer- Mfleck brought several witnesses who clainied they. had been threatened, by Newlands with weapons prior to the shooting. Davis will be eligible for parole after serving 10 years of the life sentence. If granted parole, he wil be unable to own or use a firearm for five years following his release. E: -J ES

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