Judge reduces charges for men accused in fatal roadside shooting near Calgary

The sign at the Calgary Courts Centre in Calgary, is shown on Friday, Jan. 5, 2018. (THE CANADIAN PRESS/Bill Graveland)

Jurors in a Calgary court deciding the fate of two men charged in a roadside shooting that left one man dead and another wounded have been given new instructions by the judge.

Arthur Penner and Elijah Strawberry are on trial in Court of King’s Bench in the death of Colin Hough.

On Wednesday, Justice Shane Parker told jurors he is acquitting the pair of attempted murder on the wounded man, but says the rest of the charges, including second-degree murder, remain in place.

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Parker asked the jurors not to speculate on why he made the decision.

“Your duty going forward is to determine if the prosecution has satisfied you beyond a reasonable doubt if either Mr. Penner or Mr. Strawberry are guilty or not guilty of those remaining counts,” he said.

The trial centres around events that took place on a rural road east of Calgary on Aug. 6, 2024.

Court has heard that Mark Andres, a power company worker, was working alongside the road that day when two people pulled up in a truck, apparently with a flat tire.

They shot him in the arm, then tried to steal his truck. He eventually managed to evade the attackers by escaping into a nearby field. The attempted murder charge is related to him.

Andres’ truck then got stuck in the ditch and was set ablaze.

Hough, a Rocky View County worker, then pulled up in his own truck. He was shot and his truck was taken. He died soon after. His vehicle was later found abandoned.

The defence for both men declined to call any witnesses, so the evidentiary part of the trial is now over.

Parker said closing arguments will be held Thursday and he will deliver his charge to the jury Friday.

The charge gives jurors guidelines for their deliberations, which will begin immediately afterward.

This report by The Canadian Press was first published May 27, 2026.

Bill Graveland, The Canadian Press