Police testify about seized vehicle in murder case

An RCMP officer who seized the vehicle witnesses have said they saw speeding away from the murder scene testified in the second week of the Brandon Prevey murder trial.

Christopher Fleig, 28, is charged in connection with the 2009 shooting death of Prevey, 29.

He was shot and killed in what police say was a gang-style execution while sitting in his vehicle in the Inglewood area of Red Deer during the early morning hours of April 5, 2009.

The trial began on April 30th in Red Deer and is expected to last about five weeks.

Const. Mark Anderson testified that on April 6, 2009 he was instructed to seize a black Pontiac Pursuit in northeast Calgary in relation to a homicide investigation out of Red Deer.

He said he briefed a fellow officer, Const. Andrew Riley and called a tow truck operator to also attend the residence before heading to the address.

When the officers pulled up, the Pontiac Pursuit was in front of the home, which he later identified in his testimony as the home of Maria Saenz and her son Pedro.

“I peered into the vehicle and saw what looked like a white hockey mask with red paint on it. It was lying behind the rear driver’s seat on the floor. Also on the back seat was a grey toque and other clothing as well as a white shopping bag,” said Anderson.

He said he then approached the home and was greeted on the front step by Maria and shortly after Pedro emerged from inside the home.

“I told them that the black Pontiac Pursuit was being seized because it was pertaining to a shooting investigation,” said Anderson. “Initially Pedro said the vehicle was his but distanced himself from that vehicle as our conversation progressed. Maria was the registered owner of the vehicle.”

Anderson said he and Riley then drove to a Forensic Identification Section secure bay with the tow truck and the seized vehicle following them.

Meanwhile, in March 2011, Pedro, 23, and Brandon Cody Smith, 24, who were charged with first-degree murder and conspiracy to commit murder in relation to Prevey’s death, had their charges stayed. In April of last year, Christopher Ryan McIvor, 22, who was charged with first-degree murder and conspiracy to commit to murder, also had his charges stayed.

A stay of proceedings can either be temporary or permanent but it is unlikely the charges will be reinstated.