Convicted killer Byron Spence is filing an appeal.

Spence—who was found guilty of first-degree murder in September 2014 in the death of his half-brother Jonah Trapper—suggests there were errors made by the Honourable Justice Riopel in instructing the jury, among other things.

“There are governing presumptions in law determinative of the guilt of the appellant, and in so doing he reversed the burden of proof,” it says in the document filed to the Ontario Court of Appeal.

There’s also a suggestion that the judge’s instructions to the jury only supported a first-degree murder charge, and not “appreciating evidence that did not support planning.”

“The trial Judge’s charge to the jury was unfair and imbalanced,” the document added.

The 41-page document says Spence, who had no previous criminal record, was looking to scare Trapper “by shooting at a computer” but didn’t take the time to look where he was aiming.

Spence’s version of the events, the document says, would support a manslaughter conviction.

Currently, Spence is serving a life sentence, with no chance of parole for 25 years.

In the filing through new lawyer—Toronto-based Christopher Hicks—they say the first-degree murder conviction should be quashed in favour of a new jury trial.

The appeal will be heard in Toronto on May 31st.

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