Second degree murder charge in home invasion
January 6, 2019 5:50 pm
18-year-old Nathan Hutt of Weyburn was killed in a home invasion in Weyburn, and 23-year-old Kegan Muxlow has been charged with second degree murder in his death.
Muxlow was the target of the home invasion in Weyburn, and is facing a second degree murder charge after allegedly shooting and killing Hutt, who allegedly broke into his home with two others.
Muxlow is also facing charges unsafe storage of a firearm and possession of a firearm without a license.
The two other men who were alleged to have broken into the home, 23-year-old Dominick Hawkes and 25-year-old William N. McLeod, have been charged with break and enter and assault, possession of a firearm without a license, and wearing a disguise during the commission of an offence. Hawkes was also charged with possession of cocaine.
Deputy Chief Rod Stafford said that the home invaders had a shotgun with them but didn't know if they were carrying any other weapons.
Hutt died in hospital around 12:30 a.m. CST on Saturday after shots were fired during the confrontation at Muxlow's home.
Stafford said that the investigation so far doesn't point to there being a gunfight, meaning that the only shots fired came from Muxlow's .22-calibre rifle.
The 23-year-old invader was also injured. Stafford said he was stabbed.
As for the reason for the home invasion, Stafford said they're still in the dark about that.
"That's one of the main questions we still have unanswered and we're hoping that once we interview each of the people in custody, that they will be able to shed some light if not considerable light on that," he said.
A police dog is being brought in from Estevan to help search for another piece of evidence, but Stafford said it was "not crucial".
Officers were sent to the house on Friday night after receiving a call about a home invasion involving firearms.
After securing the house, police learned two injured men, aged 18 and 23, had arrived at the Weyburn General Hospital.
Police went to the hospital and determined both men were suspects in the alleged home invasion, according to Weyburn Police Chief Marlo Pritchard.
The Weyburn Police tweeted Sunday that the community has been very supportive of them during the investigation but wanted citizens to "avoid speculation".
Stafford echoed that sentiment.
"Until you know the facts, don't jump to conclusions and don't take sides," he said.
"Even at this point, like I say, we're the only ones really that have any inkling of the true nature of the investigation."
He also said they have been getting a lot of tips from the community and he urged people to keep coming in or call in to give anything they might know about the incident.
This was the first homicide in Weyburn in over 20 years, with the last one happening in 1995.
The chief of police said he believed this was an isolated incident, and there was no wider risk to the community.
All three men are in custody and Weyburn police are preparing to do formal interviews.
An autopsy of Hutt is tentatively scheduled for Tuesday.
Weyburn Police Service deputy chief Rod Stafford said Hutt died at Weyburn General Hospital early Saturday morning. He said he believes the homicide is the first to take place in Weyburn since 1995. He called it “extremely unusual.”
Stafford said police are not looking for any other suspects and are still unaware of the motive for the confrontation. But given that one of the three alleged home invaders — 23-year-old Dominick Hawkes — was also charged with possession of cocaine, Stafford said that drugs could be part of the answer.
“It’s always a possibility in this day and age that crimes are drug related,” he said. “Again, it’s too early for us to draw that conclusion. It’s certainly one of the areas we’re looking at, but not the only area.”
At least one of the three alleged home invaders was armed, according to Stafford. Police said there was an “altercation.” Stafford said shots were fired inside the residence.
He said police believe all of the men involved knew each other.
Asked about Muxlow’s alleged role in the homicide, Stafford said that self defence is “certainly a possibility,” and something police will examine through their interviews. But he said that’s ultimately for a prosecutor or a court — not the police — to decide.
While two of the alleged home invaders -- Hutt and Hawkes -- were in Weyburn hospital, the third alleged home invader, 25-year-old William N. McLeod, turned himself in to police at about 10 a.m. Saturday. He is charged with break and enter and assault, wearing a disguise during the commission of an offence, possession of a weapon for the purpose of committing an offence and possession of a firearm without a license.
Stafford said the investigation is ongoing. He said Weyburn police have received assistance from RCMP forensic identification and the Estevan Police Service’s canine unit.
Police are in possession of a Snapchat video that Muxlow is believed to have taken at around the time of the incident, according to Stafford. But he said he believes it dates from shortly afterwards — when investigators had already arrived.
The three men charged in connection with the incident have all been remanded into custody and are set to make their first court appearance in Weyburn on Tuesday.
Anyone with information regarding this incident is asked to call the Weyburn Police Service at 306-848-3250 or Crime Stoppers at 1-800-222-8477.