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

Chilliwack art show fundraiser, One Foot by One Foot, helps mental health community

Sales from Chilliwack Visual Artists Association show benefit two local charities

Excel Martial Arts raises more than $5,000 for family of Chilliwack man killed in workplace accident

By-donation fundraiser event helps wife, three children of 28-year-old Nathan Appleton of Chilliwack

Seven Days in Chilliwack for the week of Dec. 17

A list of community events happening in Chilliwack from Dec. 17 to 23

Chilliwack Lions Club has a new place to call home

After more than five years without a headquarters, Chilliwack Lions Club moves into new hall

Sardis Falcons top Heritage Woods in field lacrosse opener

The Falcons rallied from a halftime hole to take a big win on the road in Port Moody.

REPLAY: B.C’s best video this week

In case you missed it, here’s a look at the replay-worth highlights from this week across the province

Canucks score 3 power-play goals in 4-2 win over Oilers

Vancouver sniper Boeser has 6 goals in last 5 games

Microscopic parasite found in Prince Rupert water affecting thousands

More than 12,000 residents affected by the boil water advisory issued Dec. 14

Trudeau lashes out at Conservatives over migration “misinformation”

Warning against the “dangers of populism,” Trudeau says using immigration as a wedge political issue puts Canada’s future at risk.

B.C. hockey coach creates ‘gear library’ to remove cost barrier of sport

Todd Hickling gathered donations and used gear to remove the cost barrier for kids to play hockey.

Canada’s ambassador meets with second detainee in China

Global Affairs says John McCallum, Canada’s ambassador to China, met with Spavor Sunday

‘They’re coming:’ Flying cars may appear in urban skies by 2023

Air taxis will number 15,000 and become a global market worth $32 billion by 2035

B.C. VIEWS: Andrew Wilkinson on taxes, ICBC and union changes

Opposition leader sees unpredictable year ahead in 2019

5 tips for self-care, mental wellness this holiday season

Ministry of Mental Health and Addictions urging British Columbians to prioritize self care through festive season

Most Read