A military jury has found Canadian reservist Cpl. Matthew Wilcox guilty of criminal negligence causing death, for shooting a fellow soldier in Afghanistan in 2007.
Wilcox, 24, was facing two additional charges of manslaughter and negligent performance of duty in connection with the death of Kevin Megeney, 25, of Stellarton, N.S.
In its verdict, which was delivered in a courtroom in Sydney, N.S., on Thursday, the four-person jury also found Wilcox guilty of negligent performance of duty. But they stayed the manslaughter charge.
Wilcox, who is from of Glace Bay, N.S., looked on as the verdict was handed down. There was "an audible gasp and sobbing" in court from the Wilcox family, CTV Atlantic's Dan McIntosh reported.
The prosecutor, Maj. Jason Samson, argued that Wilcox and Megeney were playing a game called quick draw in their tent when Wilcox' pistol discharged on March 6, 2007. Those accusations were based on testimony by friends who spoke to Wilcox in the wake of the shooting.
The defence argued that Wilcox was acting in self-defence, firing at Megeney to avoid being shot in the back.
Samson argued the self-defence argument was false since Wilcox admitted he didn't look at Megeney before firing his pistol, and because he agreed he could have fled from any danger he may have felt.
The military judge presiding over the trial, Cmdr. Peter Lamont, instructed the jurors to use "common sense" in choosing which account to believe.
Lamont also said jurors could find Wilcox guilty of either manslaughter or criminal negligence causing death, both of which carry a maximum sentence of life in prison. They could also find Wilcox guilty of neglect of duty alone, or together with the two more serious charges.
The Wilcox trial is the first in which a Canadian soldier was accused of shooting another, since Canadian forces entered Afghanistan eight years ago.
With files from The Canadian Press
