Crown gives opening statement to jury in McQuarrie murder trial

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The Crown told a jury in Matthew McQuarrie’s first-degree murder trial that a text on a phone said to be associated with the accused vowed to slit Emerson Sprung’s throat, and contained a photo that appeared to be the victim’s body. 

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Assistant Crown attorney Jayme Lesperance laid out the theory of the Crown for the jury, which he said he anticipates witnesses over the next eight to 12 weeks would corroborate. 

The judge noted to the jury that the summary of the Crown ‘s case itself is not to be considered evidence.

McQuarrie, 34 and of Meaford when charged, has pleaded not guilty to first-degree murder in the death of Emerson Sprung, 25, of Meaford on May 2, 2020, in Meaford.  

McQuarrie is representing himself during his trial in the Superior Court of Justice in Owen Sound. Two lawyers have been appointed to assist him and the court. 

Lesperance said McQuarrie and Sprung were friends and that McQuarrie lived just down the street from Sprung on Trowbridge Street. Sprung told his mother the night he disappeared that he was meeting McQuarrie in Memorial Park and would be back shortly. Sprung left about 10 p.m. 

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Sprung took his BMX-style bike, leaving his backpack and medication,. which he usually took with him. His mother, Tracy Sprung, realized the next morning that her son hadn’t returned. She contacted McQuarrie on her son’s Facebook Messenger account, Lesperance said. 

He read aloud to the jury her messages, in which she pleaded for an assurance that her son was OK and that he was overdue for his daily epilepsy medication. She asked McQuarrie to call her or stop by to let her know he’s alive.  

“I’m in almost 911 mode but I thought to reach out to you first. Emerson has never done this so I’m quite worried,” her message said, Lesperance recounted to the jury. 

The message she received back from the McQuarrie account said: “I never seen him at all. He was messaging me but I never saw him. Don’t know why he tell you he meeting me. Does he have a cell?” 

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Tracy Sprung responded he doesn’t and “He said at Memorial Park. Your last message said you’d be there in 10 minutes.” She asked for help finding her son and said she was heading to Memorial Park. The response she received was: “I never seen him. Wish I could help. Sorry.” 

Lesperance told the jury that Tracy Sprung was unaware that McQuarrie believed that “perhaps, Emerson had inappropriately touched McQuarrie’s four-year-old son when they were socializing together on Friday, May 1, 2020,” the day before Emerson went missing. Police were called that night and began investigating the possible inappropriate touching of the boy, the Crown said. 

Lesperance said police a few days later examined the Messenger texts between Emerson Sprung and McQuarrie between May 1 and May 2, 2020 on Emerson Sprung’s computer. The Crown told the jury the chat showed McQuarrie had arranged to meet Sprung at Memorial Park on the night of Saturday, May 2, 2020. 

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Early Sunday, May 3, people in the park found blood and hair and what looked like a partial tooth on and around a bench, and found a bike in the pond nearby. Police pulled Sprung’s bike out of the pond and followed a trail of blood droplets near the bench. Tests couldn’t exclude Sprung as the source, the Crown told the jury.  

Police found a broken piece of knife beside the bench with the blood, tooth and hair area. Police found a knife with a broken part in the pond. Male DNA was found on blood on the knife and within its sheath and Sprung could not be excluded as the source. 

Police found Sprung’s body wrapped in a tarp and buried in a shallow grave in the Meaford cemetery, which is near the park. An autopsy found the cause of death was multiple stab wounds and that Sprung died of blood loss.  

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His body had about 12 stab wounds about the head, neck and torso and wounds to his left hand. There were also blunt force injuries to his face and head, Lesperance said. 

Police found tire tracks at the scene similar to the tracks of a red Dodge Caravan driven by an associate of McQuarrie’s, Lesperance said. Police found blood on the van’s trunk weatherstripping and tests found Sprung couldn’t be excluded as the source. 

Police searched the pond again and found a cellphone which contained images of Matthew McQuarrie, including of him and his sons, Lesperance told the jury.  

An Apple ID stored for the phone contained information with links to McQuarrie, and a user account on the phone had an email address containing the name Matthew McQuarrie, the Crown said.

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“There was also a photograph of a knife and a knife sheath” dated May 2, 2020, created about 6:14 p.m., hours before Sprung’s death. “There was also a photograph of the apparent body of Emerson Sprung,” Lesperance said.  

Within that phone was a text message chat between the iPhone and a contact, “Alba.” Texts included those from the evening of May 2: “Me and buddy sitting at Memorial,” an outgoing text said. “He’s beside me right now, lol,” at 9:11 p.m., the Crown recounted.  

“Really” was the response back. Then the outgoing message from the phone said “My word. Having a beer. Lol.” Another outgoing message said “Can’t wait to see you. Thanks for being nice. XOXO.” 

Another outgoing message at 9:25 p.m. said  the user of the phone was “Going to record him apologizing . . . as I cut his throat.”  

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The Crown echoed the judge’s instructions to the jury that what they say is not evidence. Only what witnesses say is evidence. 

Emerson Sprung’s mother, Tracy Sprung, testified that on Friday, May 1, 2020, McQuarrie and his son came over to the apartment Emerson shared with her, then went out to show the youngster how to ride an ATV, with Sprung following beside on his bike. 

The next day, Saturday, May 2, 2020, Sprung hung out with a friend and about 8 p.m. he told his mother that he was meeting McQuarrie in Memorial Park. He left close to 10 p.m. but not before they hugged, she said, struggling to maintain her composure. 

“One thing with my boys, we always hug each other. It was something I always did with my boys whenever we say goodbye.” Emerson said don’t wait up but she said she would. 

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Justice Erika Chozik excused Tracy Sprung from the courtroom and advised the jury that given Sprung had testified to what her son had said and did, they must decide using common sense if they believe the evidence was reliably reported. 

Chozik brought Sprung back into the courtroom and she continued testifying, about how she grew increasingly panic-stricken as she reached out to McQuarrie and to any of her son’s friends to learn if anyone had seen him. 

She went through the messages the Crown had read into the record, including those between herself and McQuarrie’s account. Responding to a lawyer’s objection, Justice Chozik told Sprung she doesn’t necessarily know that it was McQuarrie at the other end of the conversation.  

Sprung said she knew it was McQuarrie she was trading messages with. After the judge’s remarks, Sprung subsequently referred to the other person as “the ghost.” 

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