Closing submissions heard at trial for pair accused of first-degree murder in OPP officer’s death

The fate of two people charged in the death of an OPP officer will soon be in the jury’s hands. CTV’s Krista Simpson explains what’s next.

A jury will soon begin debating the fate of two people accused in the death of an Ontario Provincial Police officer.

Randall McKenzie and Brandi Stewart-Sperry were both charged with first-degree murder after 28-year-old Const. Greg Pierzchala was fatally shot on Dec. 27, 2022 while he was responding to what seemed to be a routine call about a vehicle in a ditch on Indian Line near Hagersville, Ont.

The Crown has argued McKenzie shot Pierzchala while Stewart-Sperry aided in the murder.

Over the course of almost a month, several witnesses testified in a Cayuga, Ont. courtroom, including people who said they stopped to help after they saw the vehicle in the ditch, police officers who searched for the pair following the shooting, some of McKenzie’s relatives, forensic experts and a representative for weapon’s manufacturer, Glock.

Neither McKenzie nor Stewart-Sperry testified during the trial.

Closing submissions

The Crown wrapped up its closing submissions on Tuesday, asking the jury to find both McKenzie and Stewart-Sperry guilty as charged.

“The evidence that Randall McKenzie is the shooter is overwhelming,” Crown Prosecutor Fraser McCracken told jurors.

He showed the jury side-by-side images comparing still images of the shooter taken from Pierzchala’s body-worn camera to photos of McKenzie. He pointed out similarities in the teeth and suggested the lack of facial tattoos seen in the body-worn footage was due to video compression.

McCracken also reminded the jury of several text messages sent by McKenzie days before the shooting. One of the messages, sent on Dec. 20, read: “I can’t have love when all I can do is talk about shooting out with cops.” The messages also revealed McKenzie knew he was wanted by police and knew if he was caught, he would be sent to jail until his matter had been dealt with in court.

“If there was no other option, he would shoot a cop to avoid capture. Never give up,” McCracken said.

He also cited the fact McKenzie’s DNA was found on the Glock 19 handgun used to kill Pierzchala and noted there was a hole and gunshot residue on the black Adidas hoodie McKenzie was arrested in.

“The only explanation is that Randall McKenzie is the shooter. Randall McKenzie shot and killed Greg Pierzchala. He murdered him,” McCraken told the jury.

He went on to describe the role he believes Stewart-Sperry played in the killing. He alleged she distracted the officer while McKenzie loaded a gun prior to the fatal shooting.

“He couldn’t do what he did alone. He needed help from Brandi Stewart-Sperry. His girlfriend. His partner in crime,” McCraken said.

The Crown added that Stewart-Sperry chose to flee with the shooter.

Meanwhile, when it came time for the defence to submit their position, McKenzie’s lawyer Douglas Holt reminded the jury the standard to convict someone is “beyond a reasonable doubt.”

Holt said there were numerous inconsistencies in the evidence, including eyewitnesses describing tattoos on the shooter’s face, but never mentioning a cross McKenzie has between his eyes.

“You can’t look at him and not see that. That tattoo is never described by anyone,” Holt said.

He also noted McKenzie’s behaviour captured on surveillance camera on his family’s property. He said McKenzie didn’t seem rushed and was not trying to hide his identity.

Holt also pointed out while McKenzie’s DNA was on the gun used to kill Pierzchala, the DNA of the officer that seized it and the DNA of two other unknown people was also present.

“We don’t know how many people used or had access to that firearm,” he asserted.

He also suggested the text messages sent by McKenzie could be attributed to bravado.

He pointed out that when McKenzie was arrested later that night, with several officers present, he followed their instructions.

The jury has seen thermal imaging from a police helicopter that captured the arrest.

“He empties the gun, he throws it away and he comes out with his hands up,” Holt described.

Holt also wondered why police only found one shell casing at the scene of the shooting, when Pierzchala was hit by six bullets, musing that perhaps the five missing casings were with a person that was not McKenzie.

Holt asked the jury to find McKenzie not guilty.

The jury is set to hear from Stewart-Sperry’s lawyer tomorrow. After that, the judge will start giving instructions, a process that Justice Andrew Goodman told the jury will stretch into Thursday.

Then, the jury will begin deliberations.