David Delaney was found deceased in February 2016 in his suite at the Aspen Court apartment building on Center Street in central Abbotsford. (File photo)

Crown alleges that 2016 killing happened during confrontation between man and stepson

David Delaney of Abbotsford was found dead in apartment in February 2016

Court documents related to the February 2016 death of David Delaney of Abbotsford indicate that the Crown will allege at trial that Delaney was killed by his stepson during a confrontation between the two of them.

The public documents reveal evidence that was presented during a “voir dire” (a hearing) to determine whether certain statements should be allowed at trial.

Shayne McGenn, 35, who has been charged with second-degree murder, and Sarah Sather, also 35, who has been charged with accessory after the fact, were initially set to go on trial on April 30 of this year, but the proceedings have been delayed.

Delaney, 63, was discovered dead on Feb. 23, 2016 in his fourth-floor suite in the Aspen Court apartment building on Center Street in Abbotsford.

Court records indicate that Delaney died on or about Feb. 7.

During the recent voir dire, which concluded May 8, the Crown sought the admission of statements that Delaney made to friends and colleagues prior to his death.

McGenn’s lawyer fought the admission of some of the statements, but the judge ruled that they should be allowed at trial.

The documents from the hearing indicate that McGenn moved into Delaney’s apartment in August 2015 and obtained a job at Big River Restaurant in Coquitlam, where Delaney was a manager.

Delaney fired McGenn in 2016 due to concerns about his drug use at the restaurant, the documents state.

In late January 2016, Sather and the child she had with McGenn also moved into the apartment.

The court documents state that McGenn, who was in the midst of a drug addiction, borrowed money from Delaney and some of his co-workers to finance his drug habit.

McGenn also used Delaney’s credit card without permission, and this created further financial problems for Delaney, the documents state.

“At one point, Mr. Delaney had to borrow money from his friends to cover his own debts,” they add.

The relationship deteriorated to the point where Delaney intended to ask McGenn, Sather and their child to leave his apartment, the documents indicate.

“The theory of the Crown is that the deterioration in the relationship between Mr. Delaney and Mr. McGenn brought on by financial strain and Mr. McGenn’s behaviour resulted in a confrontation during which Mr. McGenn murdered Mr. Delaney,” the records state.

The documents do not indicate the manner in which Delaney was killed.

The court heard during the voir dire that the Crown intends to present certain statements at trial that will establish Delaney’s state of mind, his intention to address the issues with McGenn, the nature of the relationship between the two men and to establish motive for the killing.

McGenn was arrested and charged in Penticton in May 2016, and Sather was also charged around that time.

 

Shayne McGenn is shown here being escorted out of the Penticton Courthouse in May 2016 after being remanded to Abbotsford to face second-degree murder charges. (Dale Boyd/Black Press)

Just Posted

Surrey RCMP need help finding missing 41-year-old man

Todd Schneider was last seen at 4:30 p.m. on Feb. 19 in the 13500-block of Crestview Drive

New West mayor says Surrey won’t be left out in transit 10-year plan

Jonathan Cote one of two speakers at luncheon focusing on transportation, land use planning

UPDATE: Missing Surrey snowshoer found dead on Mt. Seymour

North Shore Rescue resumed its search today after efforts were temporarily halted Tuesday due to snowstorm

UPDATE: Woman, off-duty cop in critical condition after stabbing outside North Delta elementary school

The officer was intervening in an alleged assault outside of Immaculate Conception School when he and the woman were stabbed

Suspect charged after four Surrey banks were robbed in just four hours

Financial institutions in North Surrey targeted on Feb. 12

5 to start your day

Two people are in critical condition after stabbing, searchers recover body of missing snowshoer and more

‘A little baloney’ in PM’s claim about solicitor-client privilege on SNC-Lavalin

The Conservatives and NDP want Trudeau to waive that privilege so Wilson-Raybould can offer her side of the story

Proposed edible pot rules are wasteful, would leave products tasteless: critics

When Canada legalized weed last fall, it only allowed fresh or dried bud, oil, plants and seeds

Samsung folding phone is different – but also almost $2,000

But most analysts see a limited market for foldable-screen phones

Alcohol policies fizzle for Canadian governments as harms overflow: reports

About 80 per cent of Canadians drink, and most enjoy a drink or two

Ontario man accused of killing 11-year-old daughter dies in hospital, police say

Roopesh Rajkumar had been hospitalized with what police described as a self-inflicted gunshot wound

Manitoba ‘pauses’ link with ex-B.C. premier Gordon Campbell after allegations

Campbell had been hired to review two major hydro projects

Most Read