Man convicted in McAdam vigilante case takes full blame at trial of fellow accused

A man who was convicted of a vigilante-motivated assault took full responsibility for the crime during the trial of co-accused Dwain Garnder on Tuesday, prompting suggestions from the Crown prosecutor that he was "taking the bullet" for his long-time friend.

Billy McGillicuddy faced scrutiny from Crown prosecutor Rodney Jordan regarding his testimony that he never saw Gardner assault or point a shotgun at Blake Scott in McAdam on June 4, 2022.

"You would do anything to help [Gardner]?" Jordan asked McGillicuddy, during his cross examination.

"I guess so," McGillicuddy replied.

"And isn't the reason you're here today is you're here to take the bullet for Mr. Gardner? To take the blame?" Jordan said.

"No," McGillicuddy replied. "I did 18 months ... and I'm just here to support my friend and tell the truth."

McGillicuddy was called to testify by defence lawyer Nathan Gorham, who's representing Gardner in his jury trial on four charges, including that he unlawfully confined, assaulted and pointed a shotgun at Scott.

Gardner is also accused of possessing a shotgun for the purpose of committing an offence.

McGillicuddy was co-accused in Scott's assault, but pleaded guilty and was sentenced to 18 months in jail for his part in the crime.

McGillicuddy had originally faced two similar firearm charges, but the Crown withdrew them on sentencing.

Contradictory testimony

McGillicuddy's testimony followed that given by Scott, who said in court last week that he was invited by Gardner to his garage in McAdam to try to smooth things over in a dispute between his friend and Gardner and McGillicuddy.

He said he arrived at the garage to find Gardner pointing a shotgun at him. A few minutes later, he said McGillicuddy showed up, and the two of them beat him up before McGillicuddy ordered him to strip naked.

Scott said he was then ordered to walk out to McGillicuddy's truck, but was able to flee on foot to a family friend who lived nearby.

On Tuesday, McGillicuddy testified he was the only one who punched, kneed and elbowed Scott, before ordering him to strip naked.

Dwain Gardner testified Tuesday that he had no role Billy McGillicuddy's assault on Blake Scott inside the garage at his home in McAdam. (Aidan Cox/CBC)

He said he made no orders for Scott to get into his pick up truck, adding that he instead ordered Scott to leave.

He said no shotgun was involved in the incident.

Gardner also took to the witness box to testify in his own defence, saying that he was the one who invited McGillicuddy to meet him at his garage, but added he had no idea McGillicuddy was prepared to assault Scott.

He said almost as soon as McGillicuddy arrived, he started assaulting Scott, adding there was little he felt he could do to stop it.

"They were two big boys," Gardner said. "What could I have done if I got involved?"

Gardner also denied even touching Scott during the incident and insisted no shotgun had been present.

Evidence shown earlier in the trial showed police recovered an unspent shotgun shell in Gardner's garage, along with Scott's dirty clothes and his cell phone.

Gardner said he had no idea where the shotgun shell came from, adding that he doesn't keep guns in his home.

"There was no shotgun. It never happened," Gardner said.

New Brunswick Court of King's Bench Justice E. Thomas Christie told the jurors they'd be back in court on Thursday afternoon for closing arguments.

He said he expects to give them their final instructions on Friday morning, before they're sequestered to make their deliberations later that morning.