The defence called its final witness Monday at the first-degree murder trial of Mitchell Brooks, bringing to a close the evidence portion of the trial.
OPP Det. Const. Ian Black is the officer who arrested Brooks for second-degree murder on May 24, 2013 in the shooting of Brooks' wife Deena at their New Lowell home.
Black testified that Brooks was initially charged that night with assault causing bodily harm.
Once on scene, Black changed the charge to aggravated assault.
But as he transported the handcuffed Brooks to the Huronia West OPP Detachment, Black pulled over to take a phone call from another officer saying that Deena had passed away.
The jury listened to a 51-minute audio recording Black made of his interactions with Brooks that night including the drive to the police detachment.
Brooks initially seems calm and quiet, but breaks down when he is told the charge is being upgraded again because his wife is dead.
"I've just received word from my Det. Sgt. Deena is deceased," Black is heard telling Brooks, who was in the back seat.
Brooks is then heard sobbing loudly.
"Mitchell? I'm arresting you for second-degree murder," Black said. "As I said. Deena is deceased. Do you understand that?"
An emotional Brooks responds "yes."
After reading Brooks his rights, Black indicates that Brooks is laying down in the back seat.
During the rest of the drive to the detachment Brooks is heard crying softly but then there appears to be silence.
"Mitchell - still breathing back there?" Black asks at one point. "I can't hear anything from you...make sure you're all right."
Black testified that Brooks was taken to an interview room once they arrived.
"He had a sad look on his face," Black testified.
Defence lawyer Kim Miles then announced that wrapped up the evidence for the defence.
Justice Guy DiTomaso outlined to jurors what will happen next.
DiTomaso sent them home until next Tuesday because he did not want the panel to be sequestered over the Easter weekend.
The judge said there will be a pre-charge conference this week that does not include the jury.
Next Tuesday there will be the closing addresses by the defence and crown which should take about a day.
The judge's charge to the jury will follow on March 30 and 31.
DiTomaso warned jurors that by March 31, deliberations are expected to begin.
"That means on March 31, you should be prepared to come to the courthouse with what you need because you will be sequestered," he said.
The trial began on Feb. 24.
Mitchell Brooks has pleaded not guilty to first-degree murder in the shooting death of his wife Deena.
The Crown contends Brooks intended to kill his wife because she wanted a divorce.
Brooks testified the shooting was an accident that happened during a struggle as Deena tried to grab the gun because he intended to kill himself.
