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Crown says escaped inmates worked together to murder B.C. man

James Lee Busch and Zachary Armitage charged with first-degree murder of Martin Payne
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Metchosin man Martin Payne was discovered July 12, 2019. He was described by family as sa国际传媒渆xceptionally gentlesa国际传媒 and sa国际传媒渃aring.sa国际传媒 James Lee Busch and Zachary Armitage are charged with the first-degree murder of Payne. (Facebook/Martin Payne)

From the moment two inmates walked away from the William Head prison at low tide, to a planned violent ambush of a 60-year-old father as he came home from work and up until their ultimate arrest, James Lee Busch and Zachary Armitage were joined at the hip.

That was the Crownsa国际传媒檚 closing argument as it tasked the jury presiding over the 2019 killing of Martin Payne to find Busch guilty of first-degree murder. The casesa国际传媒檚 judge has said Armitage has been dealt with in a separate way.

Regardless of who or what delivered the fatal blow to Payne, Crown lawyer Chandra Fisher said the first-degree murder threshold wouldsa国际传媒檝e been met by the inmatessa国际传媒 planning with the intent to murder, their confinement of Payne and how they aided one another every step of the way.

sa国际传媒淭hey were together from start to finish, working together when they murdered Mr. Payne,sa国际传媒 Fisher told the courtroom on Monday.

sa国际传媒泪苍蝉别辫补谤补产濒别sa国际传媒

The Crown recapped how the two men were together as they escaped, when they then encountered a woman, when a Metchosin couple refused to let them in their home, in Oak Bay where they were videoed ditching Paynesa国际传媒檚 truck and upon their boardwalk arrest.

Armitagesa国际传媒檚 fingerprints were inside several places of Paynesa国际传媒檚 home, where investigators confirmed both men left their DNA and each inmate also left prints in the victimsa国际传媒檚 truck. The men were also arrested wearing items belonging to the victim and the Helly Hansen jacket of another man sa国际传媒 whose truck they stole and crashed sa国际传媒 while Busch had Paynesa国际传媒檚 keys.

Buschsa国际传媒檚 DNA was on the interior of New Balance shoes and two pairs of underwear that were among the many bloody items stuffed in garbage bags in the home.

Predicting a future line of the defence, Fisher said it wouldnsa国际传媒檛 make sense for Buschsa国际传媒檚 lawyers to argue their client wasnsa国际传媒檛 actually in the home when they were side by side before and after the killing.

sa国际传媒淭hese two are inseparable,sa国际传媒 she said.

In the home

The two men entered the home shortly after Payne left for work in the morning. Witness testimony revealed they spent the morning using the computer to search for news of themselves and their escape, as Armitage called unwilling people for help or tried to find a private water taxi to the mainland.

But after finding a hideout and his banking documents, Fisher said the inmates realized they could get everything they needed from the unsuspecting Payne sa国际传媒 money, a getaway vehicle and a witness they could silence.

sa国际传媒淲hat is your PINS for cards,sa国际传媒 Fisher said, alluding to the writing on a note that had Armitagesa国际传媒檚 fingerprints.

They had more than eight hours in the home to craft their plan, the Crown said.

Working together with murderous intent

Busch and Armitage couldsa国际传媒檝e stolen some items from the home and left before Payne returned from work sa国际传媒 but they didnsa国际传媒檛, Fisher said.

Instead, they two cut axe heads in separate parts of the house and armed themselves with weapons of sa国际传媒渄eadly force,sa国际传媒 a hatchet and large bowie knife that would later be found on the homesa国际传媒檚 main bathroom counter.

That arming showed their true intent, Fisher said.

sa国际传媒淗ow were they going to convince Mr. Payne once he got home to give up his PIN numbers and, of course, the obvious answer is through violence,sa国际传媒 the Crown said, noting the cut axe handles that were prepped for beating, tape for tying him up and cable cutters that were at the ready.

Pointing to autopsy photos showing sa国际传媒渃hunkssa国际传媒 of Paynesa国际传媒檚 skull separated by chops, with an item consistent with the hatchet, and how a large knife, consistent with the bowie, stabbed him through the neck, Fisher asked the jury if the men ever intended to let Payne live.

As he returned from work, Fisher said the men ambushed and murdered him, and any suggestion Armitage carried out the attack alone would make no sense.

She highlighted how the victimsa国际传媒檚 wounds showed he was chopped at from behind and stabbed from the front; how there were two sets of bloody footprint impressions and various pairs of bloody clothing; how at least three weapons were used and it would illogical for one attacker to leave unscathed as the larger Payne would be fighting for his life.

sa国际传媒淵ou can tell that this attack was planned for two people.sa国际传媒

Confinement

Fisher said the burden of first-degree murder can be met by killing someone while theysa国际传媒檙e unlawfully confined. Duct tape around Paynesa国际传媒檚 appendages showed an attempt to tie him up and get his PINs, the Crown argued, plus the inmates stopped him from making a break to escape the home. A large pool of blood laid by the main entrance, where Fisher argued a blood spatter analystsa国际传媒檚 testimony proved Payne wouldsa国际传媒檝e been on the ground when a heavy blow to his head occurred.

sa国际传媒淲as the forcible confinement and murder part of the same series of events and clearly it was, and did Mr. Busch actively participate in the killing of Mr. Payne, and again, clearly he did.sa国际传媒

The defence is set to finish its closing arguments on Tuesday.

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About the Author: Jake Romphf

In early 2021, I made the move from the Great Lakes to Greater Victoria with the aim of experiencing more of the country I report on.
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