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-------- 4- PORT PERRY STAR - Tuesday, April 8, 1997 "Scugog's Community Newspaper of Choice" Mitchiel "Micky" McArthur may spend the rest of his life behind bars, but his younger brother Angus walked out of court last week a free man. A jury of six men and six women deliberated more than two days before handing down guilty verdicts last Thursday afternoon on all 17 charges against the 44-year-old McArthur. The charges include attempted murd- er, armed robbery and kidnapping in connection with the Oct. 20, 1994 rob- bery at the Bank of Montreal in Port Perry Plaza. He will be back at the Whitby court- house May 7 for the start of a sentencing hearing in front of Justice Harry LaForme, who presided over the lengthy trial that began in mid-January and Story and photos by Fig JOHN B. MCCLELLAND Special to The Port Perry Star heard more than 70 witnesses. And the Star has learned from sourc- es close to the case that the Crown will seek maximum sentences on all charges, and apply to have McArthur declared a dangerous offender. Such a designation would mean he could be imprisoned indefinitely. His lawyer, Cindy Wasser, indicated immediately after the verdicts that she is considering an appeal based on DNA evidence that was presented at his trial. And as McArthur was being led from the courthouse by Durham Police officers, he said he had been "framed" by police, an allegation made several times by Ms. Wasser during the trail and in her clos- ing arguments to the jury. Angus McArthur, 31, who has been in custody since he was arrested at his mother's home in Kingston the day after the robbery and shootings, said outside the court he is considering some kind of action in light of the acquittals on all charges. Mitchiel "Micky" McArthur "This has been a pretty shitty thing to do to somebody," he said outside court just after the verdicts came down. With his lawyer Peter Zaduk at his side, McArthur said the "trial has ruined my life. They (the police) should not do this to anybody." Mr. Zaduk lashed out angrily at what GUIL he called the "disgraceful police tactics" of getting | testimony from a person | who had been in the | Whitby Jail at the same § time his client was in custody. "I hope this is the last | case to put an innocent man at risk by doing this," said Mr. Zaduk, referring to the testimony of a wit- ness whose identity was protected by the court. That witness, in a bit- ter custody battle with his wife and in jail for beating up his 54-year old father- in-law, said Angus talked to him about the planning for the Port Perry robbery. "The jury had the intel- ligence to see right through that testimony," said Mr. Zaduk. The jury began deliber- ations just before noon on Tuesday, April 1 and con- tinued the rest of that day and all of Wednesday before Judge LaForme ordered them sequestered in an Oshawa hotel at 8 o'clock that night. They returned to the court house at 9:30 i i i i Mitchiel McArthur could spend rest of life behind bars, but brother A jubliant Angus McArthur kisses lawyer Peter Zaduk outside Whitby courthouse Thursday morning, and Shortly after a jury acquitted him of 17 charges in connection with the Oct. 20, 1994 just before 1 o'clock thai bank robbery in Port Perry. His brother Mitchiel, below, was found guilty. afternoon indicated they had reached a verdict. Several times during their delibera- tions, the jury members returned to the courtroom to hear tape recordings of evidence given during the trial. As the foreman answered "guilty" to the charges against the elder McArthur and "not guilty" to those against his half-brother, Angus lowered his head, while Mitchiel stared impassively at the jury on his right. Judge LaForme thanked the jury for their "patience and attention," through- out a "difficult trial," and said "you can be proud of the manner in which you performed one of the most important civic duties in this country." Before leaving the bench, he looked down at the prisoners' docket and said "Angus, good luck." Angus knelt on a chair beside the docket as Durham Police officers removed the ankle shackles, and fight- ing back tears he walked to the far side of the room with his lawyer. A couple of times, he pushed back the curtains to stare out the window. There appeared to be no communica- tion between the two half brothers immediately after the verdicts were pro- nounced, though Angus looked at Mitchiel intently as he was being led away in handcuffs by several Durham Police officers. Mitchiel appeared to have a half- smile on his face as he was leaving the room, and one Durham officer said as he walked past him he raised his cuffed hands and made a "bang-bang" shooting gesture with both forefingers. He'll be back in court next month in Kingston to face a murder charge in con- nection with the 1982 death of a man whose body was never found. He is also facing robbery charges in Brockville. he'll probably settle When he testified in his own defense, Angus said he and Mitchiel were never close because of the difference in their ages and the fact he left home when Angus was very young. Outside court on Thursday, he said they have become closer during their time in custody since October, 1994. As for his brother's guilt, he said only that working at her desk in an office several hundred feet away, was hit in the back when a stray bullet smashed through the window. All survived their wounds. A senior Durham Police officer on his way from Oshawa to the scene of the crimes saw a red Camaro make a U-turn on Simcoe St. near Lake Scugog Lumber. He noted the plate number and later it "was up to the jury." Angus, with a Grade 9 education and a spotty back- ground of odd jobs such as pizza deliv- ery and construc- tion, said he'll return to his home- town of Kingston to live with his 68- year old mother. He doesn't know what the future holds, ' other than spend- | #4 ing time with his | son Angus Jr., now | six years old. Asked what he'd do on his first night | of freedom he said that night the Camaro was traced to Mitchiel McArthur of Kingston. He was arrested at 8 the next morn- ing at the apartment™' he shared with his fiancee, at that time three months preg- nant with their child. Angus was arrested a few hours later at his mother's house, where he had been living. They faced a total of 34 charges. Det. Greg , Heasman, who ¥ worked with : Detectives Rolf down with a bottle of Jack Daniels whiskey. But first, McArthur. he was going back to Whitby Jail to say goodbye and pick up his things. Five people were shot the evening of Oct. 20, 1994 when Mitchiel McArthur and an accomplice, both wearing dark balaclavas, walked into the Bank of Montreal and demanded all the money. The manager was shot in the leg, three Durham Police officers were shot in the parking lot and a real estate agent, Cindy Wasser defended Mitchiel Kluem and David Kimmerly, led the investigation into the crimes and worked virtually non- stop over the past 30 months. He was among the first officers at the scene in the plaza parking lot. A long-time resident of Port Perry, he said after Thursday's jury decisions he was not completely surprised as there was much more compelling evidence against Mitchiel.