February 13, 2004
Jaw admits shooting RCMP constable
"When I heard the
screaming, then I knew..."
GREG
YOUNGER-LEWIS
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Salamonie
Jaw (in handcuffs) leaves the Cape Dorset courtroom last week with his lawyer
Greg Nearing and an RCMP escort. (PHOTO BY GREG YOUNGER-LEWIS)
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Salomonie Jaw, testifying
in his own defence during his trial this week for the murder of RCMP Const.
Jurgen Seewald, gave a stumbling, contradictory account of his actions while
handling the shotgun that killed the policeman.
Jaw, 49, said he showed
the gun to Barbara Ettinger, his common-law wife, after she had called police
on the night of March 5, 2001, to remove Jaw from the house because he was threatening
violence and refusing to leave.
Jaw, speaking in Inuktitut,
admitted in court in Cape Dorset that he would have had to release a safety
switch and pump the action of the gun in order to shoot the officer. He recalled
that while he was showing the shotgun to Ettinger before the police came, a
shell fell out of the chamber. He picked up the shell and put it into the magazine,
but he said he did not load a new round into the chamber.
When Jaw began his testimony,
he closed his eyes, clenched his hands between his legs and spoke of sitting
and crying on a boulder across the bay from where the officer was shot.
"I started regretting
what I had done," Jaw said. "And I was very sorry for what I had done
at that point."
But while Jaw could share
details about his remorse, he drew a blank on how he came to shoot Seewald,
a 47-year-old veteran officer who had served much of his career in Antogonish,
Nova Scotia. Seewald had transferred to Cape Dorset a short time before the
shooting.
Asked by his lawyer, Sue
Cooper, on Feb. 10 whether he knew how the gun ended up in his hands, Jaw looked
to the 12-person jury, and said in Inuktitut, Agga. No.
During cross-examination,
Crown attorney Judy Hartling asked Jaw why he didn't help the officer lying
on the ground. She wondered why he didn't call the neighbours for help, or check
the officer's wound.
Jaw replied that he was
too distracted by thoughts of suicide.
"When I heard the
screaming, then I knew I had shot him," he said. "All I could think
about at that moment was to commit suicide."
Sitting in a vinyl chair
beside the judge's table, Jaw spoke softly about how events unfolded when Ettinger
called the police for help.
Jaw explained that he had
shown her the gun because he thought by showing her "our problem would
be done with" and said he didn't plan on shooting anyone with the gun.
Alternating his gaze from
the jury to the floor to the grey kamiks on his feet, Jaw pointed out several
times during his testimony that he didn't say or do anything to provoke the
officer. He said he wasn't worried about a confrontation with police, and said
he thought the matter would be resolved after Ettinger spoke with the visiting
officer.
After the call to police,
Jaw said the officer arrived minutes later and forced his way through the entranceway
to their bungalow apartment building. He ordered Jaw to sit, and then pushed
him into a chair when he refused. Jaw's shirt ripped, and by the time Ettinger
came back from getting a new shirt in the bedroom, she found the officer was
dousing Jaw with pepper spray.
Jaw told the court the
spray made it difficult to breathe, and hurt his eyes so much that he couldn't
open them. By the time he was able to open them again, he said, the officer
was lying on the floor, and the smoking gun was in his hands.
He couldn't remember how
it happened, he told the court. But he became suicidal when he realized what
he had done.
"That was all I could
think after having done that," he said. "That's why I told her [Ettinger]
I didn't want to live anymore."
During her conversation
with a 911 dispatcher, Ettinger said that Jaw was promising a fight with police
if they came.
In court, Ettinger said
that after she hung up the phone, she saw Jaw checking to see if his gun was
loaded while waiting for police to arrive.
According to Ettinger,
after the pepper spraying, the two men had been wrestling toward the front entrance,
past the coat closet where Jaw stores his guns. Ettinger said the next thing
she could remember was the two were grappling for control of the shotgun. Jaw
had the stock, and the officer had the barrel, and the gun went off.
But a firearms expert ruled
out that scenario. Al Voth, of an RCMP detachment in Regina, tested the weapon,
Seewald's shredded storm jacket and gun pellets retrieved from the officer's
body, and found that it was impossible for Seewald to have been holding the
barrel when the shot was fired.
Crown and defence lawyers
told the judge they will be submitting no further evidence. Justice John Vertes
requested the jury return on Feb. 16 to hear closing submissions from both sides,
and said they would begin their deliberations the following day.
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