Closing arguments end in Paulos Berhe trial over 2023 Calgary shooting
Jury to deliberate after closing arguments in the Paulos Berhe trial over the Dec. 18, 2023 Calgary shooting that killed Donald Lyons and wounded Amber Beach.
Paulos Berhe’s murder trial in Calgary moved to the jury phase Tuesday after Crown and defence lawyers delivered their final submissions in a case stemming from a December 2023 drug transaction that left one person dead and another injured. The trial, which centres on whether Berhe acted in lawful self-defence or deliberately caused harm, involves the Dec. 18, 2023 fatal shooting of 43-year-old Forest Lawn resident Donald Lyons and a related charge of discharging a firearm with intent to wound Lyons’ girlfriend, Amber Beach. Court of King’s Bench Justice David Labrenz instructed jurors following closing arguments as they prepared to begin deliberations.
Defence frames shooting as self-defence during alleged robbery
Defence counsel Allan Fay told jurors his client feared for his life when the gunfire began and therefore acted to protect himself. Fay argued that Lyons intended to use a revolver, with Beach’s cooperation, to carry out a violent robbery of Berhe during what had been arranged as a drug sale. The lawyer painted Berhe as a drug seller who had no reason to ambush customers and said it would be illogical for him to shoot and rob people he relied on for income.
Fay said evidence presented at trial supports his client’s account that the backseat of a parked truck suddenly became a threat, leaving Berhe with no realistic option other than to use his concealed weapon. He maintained that Berhe’s testimony — including his description of being attacked after entering the truck to complete the sale — is consistent and rooted in an immediate fear for his safety.
Crown argues actions were planned and not reasonable
Crown prosecutor Peter Mackenzie rejected the self-defence claim as inconsistent with the surrounding facts and with Berhe’s behaviour before and after the shooting. Mackenzie emphasised that Berhe was armed with a loaded semi-automatic handgun that was readily accessible, and that he sat in the rear of the pickup where he could interact with and, if he chose, fire upon the other occupants. The prosecutor told jurors that those details do not fit a narrative of surprise forced self-defence.
The Crown also pointed to actions it says show calculation, saying Berhe did not flee when he could have and later returned to the vehicle and destroyed clothing. Mackenzie argued those steps are more consistent with an intent to conceal involvement and recover valuables than with a reasonable reaction to an immediate threat.
Details of the Dec. 18, 2023 meeting in southeast Calgary
Prosecutors say the shooting originated when Berhe arrived at the Portico Lounge in southeast Calgary to meet Lyons and Beach to sell a half-pound brick of crack cocaine. The transaction was valued by the Crown at about $9,000, which prosecutors use to explain why Berhe would have been armed and why a dispute could have escalated. The meeting moved from the lounge to Lyons’ parked Dodge pickup truck, where the fatal confrontation unfolded.
Berhe has acknowledged the shooting arose from a drug robbery that went wrong, but he has insisted he was defending himself after Lyons allegedly tried to shoot him. Lyons died at the scene and Beach sustained injuries prosecutors say were inflicted by gunfire; the Crown has charged Berhe with second-degree murder and with discharging a firearm with intent to wound Beach.
Witness credibility becomes central battleground
Throughout the trial, much of the contest has focused on the credibility of testimony from eyewitnesses and from Berhe himself. Both Crown and defence lawyers asked jurors to weigh inconsistencies and motivations among witnesses, arguing those assessments should determine whether the killing was intentional or justified. The defence pointed to signs of aggression and to the alleged presence of a revolver as indicators supporting their client’s account.
The Crown asked jurors to view post-shooting behaviour — returning to the truck, searching it, and later burning clothes — as suspicious and indicative of consciousness of guilt. Jurors were reminded that assessing credibility requires careful scrutiny of each witness’s version of events, and that reasonable doubt must guide any verdict.
Judge’s instructions set stage for jury deliberations
Justice Labrenz delivered extensive legal directions to the jury Tuesday afternoon, outlining the law on second-degree murder and on the statutory defences, including self-defence and the use of force in response to an attack. The judge explained the elements the Crown must prove beyond a reasonable doubt and clarified how jurors should evaluate evidence and assess witness reliability. After those instructions, the jury was expected to retire to begin deliberations on the two charges facing Berhe.
The courtroom proceedings concluded with jurors leaving armed with the judge’s guidance and the trial record. No timetable was set in court for how long deliberations might take, and jurors were reminded to reach their decision based solely on the evidence presented at trial and the applicable law as explained by the judge.
The jury’s verdict will determine whether the shooting is judged to be second-degree murder and an intentional discharge at Amber Beach, or whether the defence’s account of a feared and immediate threat justifies the use of deadly force.
