It would be the 60-year-old’s last shift. A Crown attorney told a B.C. Supreme Court jury. on Monday that while Payne was at work, his phone and computer were active and being used to look up stories about the escape and to call a water taxi service. Payne left work just before 3 p.m “Sometime after Mr. Payne returned home that day he was killed,” Sophia Bakken told jurors. “Three days later, police found Mr. Payne’s body on his bathroom floor. They quickly determined he was the victim of foul play.”
“Guilt or innocence is personal”
Both Armitage and Busch are charged with first-degree murder in Payne’s death. They each pleaded not guilty Monday morning as their joint trial began in Vancouver. Judge David Crossin explained that although the men are being tried together, “each is a separate person”. William Head Correctional Facility is a minimum security correctional facility on Vancouver Island where two inmates escaped before allegedly killing a stranger. (Michael McArthur/CBC) “Guilt or innocence is personal and individual,” Crossin told jurors, explaining that they will be the judges of the facts, while he will be the judge of the law. Bakken then outlined the Crown’s theory of a crime that began on July 7, 2019, when Busch and Armitage walked away from William Head, a federal facility, which is located outside Victoria – a short distance from the small Metchosin community. Armitage and Bush escaped by walking along the prison’s oceanfront shoreline at low tide. Discarded prisoners’ clothing was soon found in the woods nearby. A woman walking her dog that night claimed she was approached by two men who asked for directions. The Crown plans to call a couple who said two men appeared on their doorstep late that night, asking for directions and wanting to use the phone – which they were not given. Bakken said a video camera belonging to one of Payne’s neighbors caught two figures walking north toward his property in the early morning hours of July 8.
“Significant amount of blood”
Payne left for work around 6:20 am “After he left for work, someone accessed Mr. Payne’s computer,” Bakken said. According to the Crown, Martin Payne’s red truck was found in Oak Bay after it was stolen from his home in Metchosin. (West Shore Police) RCMP analyzed the computer, finding searches for “Victoria news,” “William Head,” “wanted persons” and “private water taxi,” as well as news articles about the two men. “The name ‘Zachary Armstrong’ was also searched,” Bakken said. Prosecutors believe Payne was killed sometime after he returned home. An autopsy found “chop wounds” to his skull, consistent with ax blows, and sharp wounds to the neck that appeared to have been made by a knife. “There was a significant amount of blood in the house,” Bakken said. He said DNA from Armitage, Busch and Payne was found in the home.
A chance encounter
While Payne’s body was found at his home days later, his red truck was spotted in the community of Oak Bay the next day. Bakken said a witness saw two men park the truck. A chance encounter with a police officer led to the re-arrest of Bush and Armitage. The court heard how off-duty police officer John Ferguson was walking his Great Dane when two men approached him to comment on the dog. (Michael McArthur/CBC) “On the afternoon of July 9, Sergeant John Ferguson was off duty and just happened to be walking his Great Dane when two men approached him and commented on his dog,” Bakken said. “During the interaction, Sergeant Ferguson identified them as the men who escaped from William Head.” According to the Crown, Busch was holding Payne’s backpack, which contained his house and car keys. Armitage was reportedly wearing Payne’s hoodie and hiking boots. Police arrested the two men shortly after Ferguson raised the alarm. In the days that followed, Bakken said Payne’s co-workers were concerned about his absence from work. His body was found after he was reported missing on July 12.
“I want nothing to do with it”
After an overview of the case, the Crown called its first witness – a woman who Armitage allegedly called from Payne’s number. The woman testified that Armitage was a friend of her husband — who is incarcerated — and they met through a prison social. Through cross-examination, she revealed that while Armitage initially served as an intermediary between her and her ill-tempered husband, they later fell into a relationship with each other. She said she was “alive” when Armitage called because her father had just died and she was coming off crystal meth. “When I realized he wasn’t in jail, I asked him why he did it,” she said. The woman said Armitage asked her for the number of another acquaintance. He also told a defense attorney that she told him, “I don’t want anything to do with it.” Bakken later asked the woman to clarify that statement. “You told Mr. Armitage you wanted nothing to do with it,” he said. “What was the ‘it’ you were referring to?” “The escape,” she replied. “I knew it was bad.” The trial is scheduled to last about a month.
