The home where Lethbridge Police say Kenrick First Rider was killed 

By Lara Fominoff

Second degree murder charges reduced to manslaughter during Twigg, Scout trial

Sep 3, 2019 | 2:01 PM

LETHBRIDGE, AB – Moments after Simon Danny Scout and Rylan James Twigg were arraigned on second-degree murder charges in Court of Queen’s Bench in Lethbridge Monday (Sept. 3), the Crown announced it would not pursue those charges.

Instead, Co-Crown Prosecutor Michael Fox told Justice Johnna Kubik that the mens rea for second degree murder could not be established and the lesser charges of manslaughter would be pursued.

Case History

21-year-old Scout and 25-year-old Twigg are accused of killing 45-year-old Kenrick First Rider on the morning of Nov. 27, 2017 in a home in the 1200 Blk of 9 Ave. N. They initially chose a judge and jury trial, however, they changed their minds several months ago, and chose a judge-alone trial.

According to a Lethbridge Police Statement, they believe First Rider had been involved in a verbal dispute with two other men, which escalated to a physical altercation that resulted in First Rider suffering fatal injuries.

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Police noted that the two accused were living with the victim, and that Twigg’s mother had been involved in a relationship with First Rider.

Twigg turned himself in to police that evening, while Scout was arrested the following day, thanks to tips from the public. Scout was released on bail, while Twigg remains in custody.

Twigg in Custody

Twigg’s treatment while in a Lethbridge Police jail cell overnight on Nov. 27 and 28 was explored during the first day of the trial. The Crown called its first three witnesses; commissionaires, tasked with delivering food, monitoring cell cameras and checking on prisoners at regular intervals and recording the information.

All three described how the cells were noticeably colder than the hallways of the prison area, and that complaints about the chilly conditions were common.

However, court was also told how Twigg did not appear to complain about the conditions and was given a sandwich and blanket.

During cross -examination, Twigg’s Defense Lawyer Ingrid Hess asked the commissionaires whether a mattress was given to him. She was told they were generally used only for those with back or pelvic injuries, or pregnant women. She also asked whether Twigg received a second blanket to keep warm and was also told it was unusual for that to occur, primarily for safety reasons, but also because permission had to be granted by either a Staff Sergeant on duty, or the Justice Representative.

Court was told that Twigg was dressed in a “paper-like” suit, standard clothing issue while in the cells, and did not have shoes or socks. Former Commissionaire Brian Gallant testified that the temperature in the cells was sometimes around 55 degrees Fahrenheit (12 degrees Celsius), while in the hallways it was about 72 degrees Fahrenheit (22 degrees Celsius). However, he also told the court some prisoners could readily adjust to the cold – even citing one man who removed all his clothing prior to sleeping on the concrete bench.

Apart from delivering food to Twigg and a comment about one commissionaire’s age, none of the commissionaires said they spoke with the accused, threatened him or promised any favours prior to his interview with police on Nov. 28.

The trial is expected to last six weeks.