MURDERED
Elaine Flowers
Elaine decided to leave her common law husband, taking their 2 year old daughter, Misty with her. She was attempting to work out visitation rights for Misty’s father. On Oct. 30, they met with a Social Worker, but the meeting was unproductive. Her husband didn’t understand why Elaine wanted to leave him and take their child with her. Elaine had no objection to gernerous access but was not prepared to give up custody of Misty. They were both advised to leave the matter in the hands of the court.
Mr. Allen then left, apparently to seek legal counsel, and went to his home where he drank two or three bottles of beer. He then left, taking beer with him to his mothers home.
Later that day he went to the home of Elaine’s father to pick up Misty. He took her to his mothers homewhere he took photographs of her wearing new clothing he had purchased for her. He continued to drink more ber and whiskey. When he received a call from Elaine saying she wanted him to bring Misty home, he arranged for his sister to do so. He continued to drink throughout the day/night.
He was seen later that night around 10 pm at the dock. It was observed that he had been very drunk.
He claims that at some point he went to his mother’s house to pick up his shotgun and some cartridges because he planned on going hunting.
Police were called at 11:40 PM by Elaine’s mother saying that he had blasted his way into the house entered the room where he killed Elaine with two blasts from the shotgun. There were at least 11 shots fired during the incident. When restrained and asked by the RCMP if he understood what was taking place, he said in a clear voice, I understand, I’ve heard it all before.” Expert testimony at his trial concluded that he had a normal functioning mind at the time even though he had consumed a fair amount of alcohol. He considered that the appellant was self-directed and that there was "logic" to the activities that night. He expressed the view that the appellant had the capacity for both general and specific intent.
During questioning by the police the next day, he said:
"How many people did I kill? I only wanted to get Elaine. I could have shot a lot more. I still have shells in my pocket. For that matter I could have wiped half of this place out. I told her something was going to happen. I just couldn't take it anymore."
. When asked why he wanted to kill Elaine Flowers he said, "I don't know. I was tired. I was trying to get back with her. Sometime she would say yes and then call up and say no. It would bug me. She didn't tell me why she broke up with me plus she took my daughter."
He was later asked when he made up his mind to kill her. He replied that he did so the previous evening. He said that he got the gun at his mother's house who lived next door to the Flowers home.
When asked what his intention was when loading the gun he said, "I was going to shoot Elaine".
Barry Herbert Allen was convicted of first degree murder, and was denied appeal.
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