Murder charge in rooming house slaying stayed mid-trial, stunning deceased's family

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The accused in an Edmonton murder trial is a free man after the case against him was unexpectedly stayed this week.

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On Wednesday, prosecutors told an Edmonton judge they would no longer pursue a charge of second-degree murder against Edward Piche, who was accused of fatally shooting 25-year-old Blayne Burnstick in 2017.

Burnstick was one of two men killed in the basement of 11119 94 Street in a span of two days. The house is owned by an associate of inner-city landlord and convicted fraudster Abdullah Shah.

The Alberta Crown Prosecution Service confirmed it stayed the charge but did not go into detail.

“The Crown prosecutor must prove each element of the offence beyond a reasonable doubt and has a duty to continuously evaluate the evidence against the standard for prosecution,” spokeswoman Carla Jones said in an email. “In this tragic case, the prosecutor determined the evidence tendered no longer met the standard for prosecution and, accordingly, entered a stay of proceeding.”

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Roxanne Susan, Burnstick’s older sister, said the family is stunned at the outcome.

“I was crushed,” she said. “I was hurt. It was like reliving the moment we lost my brother.”

Burnstick was shot in the head on Sept. 12, 2017. The next day, friends who witnessed the killing returned to the house and fatally shot Nexhmi “Nick” Nuhi, the basement suite’s main resident, through the exterior door. Police came to investigate the Nuhi killing, but somehow missed Burnstick’s body, which was wrapped in plastic and hidden in the basement suite. His remains were finally discovered by a maintenance worker on Sept. 18, 2017, after family reported Burnstick missing.

Piche is the son of Paula Piche, who lived on the main floor of the rooming house. His trial began Monday. It was scheduled to last 13 days but ended after just three.

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Crown prosecutor Chantelle Washenfelder told court that Burnstick visited the suite with two other men on Sept. 12, 2017, who planned to buy drugs from Nuhi, 76.

Piche then entered the suite, “angry (and) yelling and ordering the men to leave,” Washenfelder told court.

She alleged that after Burnstick spoke up, Piche shot him.

Believing they’d been “set up,” Burnstick’s friends returned the following day and shot Nuhi through the door with a sawed-off shotgun, an earlier trial heard.

“He collapsed in the same area where Burnstick fell to the floor,” Washenfelder told court .

Jared Bird pleaded guilty to manslaughter for his role in Nuhi’s killing and in July 2020 was sentenced to 5 1/2 years in prison. Another man charged in Nuhi’s death has yet to face trial.

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Susan, her brother and Burnstick’s father attended court Wednesday and heard testimony from a key Crown witness, who prosecutors said was present for Burnstick’s death.

During a break, the prosecution team asked to speak with them outside the courtroom.

“That’s when they told us they couldn’t prosecute anymore, because of what the witness was saying,” Susan said.

Postmedia has ordered a transcripts of the proceedings for additional details.

Burnstick comes from Alexander First Nation and was living in Edmonton at the time of his death. He was studying trades and hoped to work on high-voltage power lines. He leaves behind a three-year-old daughter.

“He always thought of others, and thought of himself last,” Susan said.

She said the family is still grappling with the outcome, and are holding on to memories of happier times with Burnstick.

“The shock of everything has worn off — the anger, the pain, the hurt. We did our crying, we did our praying, we did our smudging. It’s always going to hurt, until we get justice for my brother.”

Piche’s lawyer, Peter Royal, did not respond to a request for comment.

Prosecutors have one year to revive charges that have been stayed.

jwakefield@postmedia.com

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