Andrew Rosenfeldt showed little emotion as Saskatchewan Court of King’s Bench Justice Heather McMillan Brown read out her verdict acquitting him of second-degree murder in the gunshot death of his girlfriend Nykera Brown on Nov. 15, 2022.
McMillan Brown said “my decision was not the finding that Nykera took her own life, it is a finding that the Crown did not prove beyond reasonable doubt that Mr. Rosenfeldt did.”
Cathleen Balon, Brown’s mother, stood up and shouted at the judge and Rosenfeldt before leaving the courtroom, which was filled with Brown’s friends and family.
“I kind of figured out what the verdict would be just by what she was talking about, and all I could think about is the system let her down in life, the system let her down in death,” Balon said.
McMillan Brown said her decision came down to three main facts of the case as she could not make a judgement on whether it was more likely Brown or Rosenfeldt pulled the trigger of the gun.
“The only one who could answer that question is Nykera. Tragically, her voice was silenced,” McMillan Brown said.
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On the night of Brown’s death, she and Rosenfeldt were with his aunt at their home. Rosenfeldt’s aunt testified hearing them fight throughout the day from her room.
In the minutes before her death, Brown called her brother, Dregan Brown, who testified Brown said she was breaking up with Rosenfeldt.
In her decision, McMillan Brown noted that Rosenfeldt called police after the shooting. But she also said she found it highly suspicious that he tried to hide the gun and that he lied in multiple police interviews to deflect attention from himself.
McMillan Brown continued saying Brown’s history of mental health struggles in the months leading up to her death played a significant role in her decision. She also acknowledged there is significant evidence Brown was fighting for a better life.
Ultimately, McMillan Brown said ballistics analyst Joe Prendergast’s testimony that it was physically possible for Brown to have shot herself was a large factor in her decision to acquit Rosenfeldt.
That decision, however, offered no closure for Brown’s mother. “I’ve been fighting for three years to be my daughter’s voice. In the end, once again, we are silenced. We’re always silenced, and I’m done being silenced.”
Bolan also said she will push for the Crown to appeal the ruling.
“Anybody that followed this court case knows Andrew wasn’t on trial, Nykera was,” Balon said. “I’m just going to use this to fuel me. I always get off my knees, I’ll wipe off and we’ll just keep going.”
Rosenfeldt was released from custody following the verdict. “Madame Justice McMillan Brown obviously put significant thought into making this decision and it’s a decision that was very, very well-reasoned and based on the facts,” Rosenfeldt’s lawyer, Chris Murphy, said after the ruling.
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