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For many of the two dozen Getty family members, in the courtroom, it was the first time they heard how,Ray Getty died. : The accused was on a Christmas holiday leave from a Brampton group home and had been a ward' of the + Repairs to all makes of hearing aids * Batteries supplied in office or mailed on request : e + Hearing aids selected from your response during a computerized hearing evaluation Call Guelph office to book your appointment (519) 836-8111 with Pamela Ashton GEORGETOWN KIA'S VERY FIRST... 5 . e \ = Community TENT Event Extended to June 26 Mike Neir golf hats for ctor tet dite 2004 Magentis LX 2004 Sedona LX | tortonours- - Bi 4 Category MSRP $25,595 = MSRP $22,250 *3.5 L V6 DOHC engine * 5-speed automatic ¢ Front & rear A/C * Cruise control * Power windows, locks & heated mirrors « Remote keyless entry + AM/FM/CD stereo * Rear privacy glass * Dual airbags * Wiper de-icer + Dual sliding doors * Tilt steering » 7-passenger seating * 10 cup holders * And more $21,595 or 0% fin for 48 months 2004 Sorento LX SUV * 2.4 L DOHC engine » 4-speed Steptronic transmission * Dual airbags with _ Passenger Presence Detector + A/C * Power windows, locks & heated mir- tors * Remote keyless entry with alarm * AM/FM/CD stereo * Cruise control * Tilt steering * 60/40 split-folding rear seat + Illuminated vanity mirrors $19,995 oR 0% fin for 60 months 2005 Spectra LX Kk KKK 5-STAR crash test rating * 3,5 L V6 DOHC engine + 5-speed manual « Part-time 4WD « Dual front & side curtain airbags * ABS brakes * 16" alloy wheels * Front fog lamps » A/C + Power windows, locks & heated mirrors + Remote keyless entry * Cruise control § = * AM/FM/CD stereo with 8 speakers * Anti-theft immobilizer + Rear privacy glass immobilizer * Independent front and rear suspension + 3,500 Ib. towing capacity 0% fin for 36 months $1 79* per mo. or 0% for 36 months PRE-OWNED SPECIALS - All vehicles are Value Priced - S offering financing from 4.9% + 1 year free Lube, Oil & Filter (Max 4) We have access to over 250 pre-owned vehicles - call early to pick your special vehicle * 2.0L DOHC engine ¢ 5-speed manual * Dual front airbags * AM/FM/CD stereo * 6 speakers * 15" wheels * 60/40 split-folding rear seat + Anti-theft CANADA'S BEST 5» Year/ 100,000km 5 Year/ 100,000km 5+ Year/ 100,000km OWNERSHIP Bumper to Bumper Powertrain Extra Care Roadside Warranty Warranty Assistance 7& fi COVERAGE + FREE OIL AND FILTER CHANGES FOR LIFE . Georgetown Kia 314 Guelph St, Georgetown On-- (905) 877-7818 Cash prices inc. trading dollars, $3000 Sedona, $2000 Magentis, Freight, A/C Tax, Admin. & PST, GST extra. Pre-owned fiance rates 36 mos. 4.9%, 48 mos. 5.9%, 60 mos. 6.9% OAC. See dealer for complete details. THURSDAY, JUNE 24, 2004 Raymond Getty Mississauga Children's Soci- ety for three years. O'Marra said the accused asked the boys if they "want to see something neat," and cautioned them "this never happened" as he led them up- stairs to the bedroom of a boarder and took one of two rifles from a closet. O'Marra said the accused loaded the rifle with a bullet he found on a shelf in the closet, and first pointed it at the 11-year-old boy who be- came scared and moved behind Getty. According to the statement of facts, the accused told the boy that the safety was on, and he shouldn't be a "wussy." Getty also tried to calm the 11-year-old, with his last words, telling the frightened boy " , it's okay -- the safety is on." The accused then pointed the rifle at Getty, who was holding his arms at his sides out from his body, and "a shot was fired into Raymond Getty, killing him almost im- mediately." The bullet exited his back and went through a wall to the bathroom. "Oh my God -- I just killed Ray," the accused said before carrying Getty downstairs to the living room and calling O11 at 11:51 a.m., saying "someone's been shot." The court heard the ac- cused tried to convince the 11-year-old boy to tell police that they were in the kitchen and Getty was upstairs alone when they heard a shot. The accused, who was charged with second-degree murder later that day, did not make a statement to police, and has been held in custody since his arrest. The court heard the gun owner, Carl Blanchard of Brampton, was charged with breach of firearms storage regulations contrary to the Pleads not guilty... Criminal Code. O'Marra said the second- degree murder charge was withdrawn when a forensic examination found that the rifle was capable of being fired with the trigger lock in place, and that no evidence of tampering by the accused was found -- in fact, the trig- ger had undisturbed dust on it. : The accused was inter- viewed by police on April 15, when he gave his version of what happened, including the admissions that he loaded and pointed the gun and caused Getty's death, but did not in- tend to shoot him and believed the rifle could not be fired because of the trigger lock. O'Marra said the accused admitted to "tapping the trig- ger lock with his hand" before the rifle discharged. The accused's lawyer, Charlie Waite of Brampton, did not call any evidence, but said his client had né animus or intention to cause death or harm to Getty. Of the actual shooting, Waite said his client "tapped the trigger lock, like mimick- ing the action of firing a gun he knew could not be fired." He argued his client had no criminal culpability in Getty's death because he "reasonably, honestly be- lieved that gun could not be fired." Citing case law, Waite said the facts of this case don't meet the threshold of crimi- nal negligence, but the death "sadly" happened because"'a safety mechanism designed to prevent tragedy didn't work," and that while it is true his client loaded and pointed the rifle "he took care not to pull the trigger." Waite said that the key was whether by putting a bullet in the chamber did his client cross the line into criminal culpability because he didn't believe the rifle could be fired. "The trigger was not pulled -- that's what is absent in this case," Waite said, adding it was "unfortunate" his client chose to load the gun. Justice LeDressay said he would review the case law submitted by the crown and defence, along with a psycho- logical assessment and pre-sentence report, before today's court hearing. 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