Judge withdraws attempted-murder charge as defence declines to call witnesses in Colin Hough killing
Two men accused in the killing of Colin Hough will not call defence witnesses after a judge withdrew an attempted murder count; jurors will hear submissions before deliberating.
The two men charged over the Aug. 6, 2024, killing of Rocky View County employee Colin Hough will not call evidence in their defence, defence counsel told a Calgary jury on Wednesday. Justice Shane Parker withdrew an attempted murder allegation related to an attack on Fortis Alberta employee Matthew Andres, entering an acquittal on that count and instructing jurors not to speculate about the reason. Jurors will still decide whether Elijah Blake Strawberry or Arthur Wayne Penner, or both, are guilty of second-degree murder in Hough’s death and of robbery allegations tied to both Hough and Andres.
Judge removes attempted murder allegation
Justice Shane Parker informed the courtroom that he was withdrawing count two, the attempted murder charge against Matthew Andres, as a matter of law. He said he was entering an acquittal on that count and expressly told jurors the attempted murder allegation was no longer part of the proceedings. The judge cautioned the jury not to speculate about why he made the decision and emphasized that the withdrawal did not affect the remaining charges. Parker reiterated the jury’s duty to determine whether the Crown had proven the remaining counts beyond a reasonable doubt.
Defence confirms it will not call witnesses
After the attempted-murder count was withdrawn, lawyers for both defendants told the court they would not be calling evidence. Alexandra Seaman, counsel for Arthur Wayne Penner, and Rebecca Snukal, counsel for Elijah Blake Strawberry, both indicated their clients would rely on submissions rather than additional witness testimony. With no defence witnesses to present, jurors were excused for the day and told to return Thursday for final submissions. The absence of defence evidence leaves the Crown’s case largely intact for the jury to assess during deliberations.
Remaining charges and legal instructions
The jury will now focus on whether the Crown has proven second-degree murder in the death of Colin Hough, as well as robbery counts linked to both the deceased and to Matthew Andres. Justice Parker told jurors the removal of the attempted-murder count had no bearing on counts one, three and four, which they must consider. He said he would provide final legal instructions on Friday before selecting 12 jurors to begin deliberations, noting that two members of the panel will be randomly excused. The jury’s task is to weigh the evidence presented since the trial began and apply the law as instructed by the court.
Witness account of ambush in rural field
Earlier in the trial, Fortis Alberta employee Matthew Andres gave emotional testimony describing an unexpected attack while working near Township Road 250 and Range Road 282 east of Calgary. Andres said he noticed a person pull a face mask over their face and then felt a shot to his right upper forearm. He told jurors he believed he was going to die and managed to flee to a ditch while looking back to see his work truck had been moved. Andres described seeing a white GMC pickup approach and two figures rush toward a vehicle, followed by the sound of additional gunfire.
Forensic evidence and fatal wounds
Pathology evidence presented to the jury indicated that Colin Hough was shot three times, one bullet piercing his heart, according to testimony heard during the trial. The evidence supported the Crown’s account that Hough died from multiple gunshot wounds sustained during the August 2024 confrontation. Those forensic findings form a central part of the Crown’s case as jurors consider whether the shootings meet the legal standard for second-degree murder. The extent and trajectory of the wounds were described to the court to place the events in a medical and evidentiary context.
Trial timetable and next court steps
Jurors were instructed to return Thursday morning for final submissions from both the Crown and the defence, with Justice Parker planning to give his legal charge on Friday. After those instructions are delivered, 12 jurors will be selected to retire and begin their deliberations on the remaining counts. The judge’s removal of the attempted-murder count compresses the legal issues the jury must resolve but leaves the most serious allegation—second-degree murder—squarely before them. The court session this week will determine the framework jurors use to evaluate the contested evidence.
The trial, which began with testimony on May 4, will now proceed to closing arguments and jury instructions before the panel considers its verdict on the charges that remain in the death of Colin Hough.
