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'Who did I kill?' Melvin asked during arrest, murder trial hears

When Jimmy Melvin Jr. was arrested in a high-risk takedown six years after Terry Marriott Jr.'s murder, the accused asked police who he allegedly killed, two Halifax Regional Police officers told a jury Wednesday.

"They had [Melvin] up against another vehicle and he looked over at me and said, 'Bernie, who did I kill?' and I said, 'Terry Marriott,'" testified Bernard Boutilier, a retired detective constable.

Melvin was arrested at around 8 p.m. on July 18, 2015 outside a convenience store along the Bedford Highway after he pulled up in a small black car.

He is on trial for first-degree murder in Nova Scotia Supreme Court, accused of shooting Marriott to death while he napped on a couch in a Harrietsfield, N.S., home on Feb. 20, 2009.

Police approached Melvin with guns drawn

The 13-member jury heard Wednesday that Melvin was arrested in a so-called vehicle assault.

"You just try to pin the vehicle in, you try to make it so there's no opportunity for them to come up with a plan to escape," testified Const. Brock Brooks.

He said multiple plainclothes officers with their guns drawn surrounded Melvin's car and yelled at him to show his hands and open the door. Melvin remained calm but didn't comply, said Brooks.

Brooks said he used a specialized tool to punch in the car window before grabbing Melvin's hands and pulling his wrists out the window.

"When you're arresting someone for murder, we want to control their hands right away because hands kill," he said.

Melvin was pulled out of the car by another officer, wrestled to the ground and arrested.

'Who did I murder?'

Another officer, Det. Const. John Mansvelt, testified he informed Melvin he was under arrest for murder and asked him twice if he understood his rights. He said Melvin responded by asking, "Who did I murder?" two times.

Mansvelt told Melvin they would discuss that later. Melvin then requested defence lawyer Pat MacEwen.

Mansvelt also testified Melvin turned to Sgt. Perry Astephen after his pockets were searched and said, "Perry, this is bulls--t. You don't believe Ding Dong?"

Perry responded, "Who's Ding Dong?" to which Melvin replied, "You know who he is — don't believe him," said Mansvelt.

'You guys got no weapon'

After reading Melvin his rights and asking him if he understood, Mansvelt said Melvin answered, "Yeah, do you think this is going to stick on me?"

At one point, Mansvelt testified, Melvin told Astephen, "I better not be the only one charged."

Mansvelt said Melvin was then taken to police headquarters. Once inside the fingerprint room, Melvin asked where police would find someone reliable to testify against him, said Mansvelt.

"He said, 'You guys don't got no weapon, I know that,'" Mansvelt recalled Melvin saying.

Marriott, Melvin & MacPhee meet

Earlier on Wednesday, court heard Marriott went to a Halifax hospital about two months before his death to visit Melvin, who was recovering from being shot.

Const. Wayne Hunter of the Halifax Regional Police said he was one of two officers stationed outside Melvin's hospital room on Dec. 16, 2008, to ensure the safety of guests and patients "if there was any issues."

At about 7:48 a.m., Hunter said Derek MacPhee, a police informant who would later become the Crown's star witness at Melvin's murder trial, showed up.

About a minute after going into Melvin's room, MacPhee came back out and met up with Marriott, Hunter testified.

Closed-door meeting

The pair went into Melvin's room for a moment and then the three of them left together and made their way down to an empty family room at the end of the hallway. The door to that room was closed. The three men stayed in there for about two hours, Hunter said.

As they exited, the three men "exchanged pleasantries" before MacPhee and Marriott left. Melvin returned to his room with the officers beside him. Hunter described the men as giving each other a "slap hug" as they parted.

MacPhee agreed to testify against Melvin as part of an immunity deal. The trial continues Thursday.