A man has been acquitted of manslaughter after shooting and killing his nephew during a visit to his residence in Little Burnt Bay approximately 18 months ago. Judge Mark Linehan delivered the verdict in Gander provincial court on Monday.
Ricky Wareham fatally shot Kenny Wareham at the latter’s home in Notre Dame Bay on June 2, 2024. Judge Linehan explained that evidence presented during Wareham’s trial indicated the act was not intentional. He highlighted multiple statements made by Wareham to various individuals, including the police, a family member, and an undercover RCMP operative.
Judge Linehan emphasized the consistency in Wareham’s statements and his unwavering narrative, which lent credibility to his version of events. The judge expressed trust in Wareham’s account, stating, “I have no reason to disbelieve him.”
According to court proceedings, Ricky Wareham, who had recently returned to Newfoundland after an extended period away, visited his nephew’s home for a drink. Despite being estranged from other family members, the two were sharing a moment when the incident occurred.
Wareham recounted that while being shown around the house by his nephew, he noticed a rifle leaning against the wall near a child’s bedroom. After inquiring about the firearm’s status, he was assured it was unloaded. Upon returning the rifle, it discharged, fatally striking Kenny Wareham in the head.
Wareham attributed the incident to potential numbness in his fingers from working in cold conditions as a carpenter. However, a firearm analysis revealed that the gun did not accidentally discharge during a drop test.
Judge Linehan noted that the expert witness could not definitively rule out accidental discharge beyond the testing parameters. He deemed the situation a tragic error in judgment and ultimately found Wareham not guilty of manslaughter and possession of a weapon while prohibited.
In regard to the latter charge, Linehan explained that Wareham’s weapons prohibition was nearing its expiration at the time of the shooting. The judge emphasized that Wareham’s actions did not exhibit criminal negligence or a marked departure from the standard of care.
Following his acquittal, Ricky Wareham declined to comment when approached by CBC News. Neighbors and supporters of Kenny Wareham described him as a friendly, outgoing, and devoted father who was well-regarded in the community.
In the courtroom, individuals affiliated with Kenny Wareham’s family displayed visible distress and chose not to provide statements.
