Except that they already testified they werent stealing anything. Just the opposite. They were looking for help. If the races were reversed they would have already hung the shooter
Well, it's a bit more complicated than that. A couple of the witnesses for the prosecution who were in the SUV gave contradictory evidence and changed their stories at trial.
They admitted at trial that they had tried to steal a vehicle at another farm, but were unable to do so. Again, this isn't defense counsel conjecture; the victim's companions admitted to this. I do not note this as evidence that the shooting was justified, but just to add context to the other evidence regarding their attempts to access one vehicle after arriving at the Stanley farm and to start the ATV.
I am not clear as to whether the occupants of the SUV admitted to trying to get in and operate a truck on the Stanley property, but Stanley and his son maintain that they did (coverage on the testimony was very spotty, so I haven't been able to confirm this point), but one of the occupants of the vehicle admitted to trying to start the ATV.
In the context of an admission of an earlier theft attempt during the same outing, and an admission of trying to start an ATV on the Stanley property, it was basically guaranteed that any jury would see Boushie and his friends as entering on Stanley's property with bad intentions.
Whatever the propriety of the shooting, the story that Boushie and his friends were on the property simply to get help with a flat tire is unlikely in the extreme.
It also didn't help that the witnesses for the prosecution were fully cut at the time, which makes their testimony entirely unreliable:
https://globalnews.ca/news/4000597/witness-cassidy-cross-colten-boushie-gerald-stanley-murder-trial/. You cannot trust any witness to give an accurate recounting of what happened when they are drunk out of their gourd.
Think of it from the point of view of the jury: on the one hand, you have Stanley, who has very self-interested reasons to deny a purposeful shooting, but who has maintained a consistent, if unconvincing, story throughout, of an accidental discharge.
On the other hand, you have the Crown witnesses from the SUV, who were incredibly poor witnesses due to their intoxication, their changing stories, and the fact that they had almost certainly entered onto the property with bad intent.
Remember you don't need to believe the accused; his story just needs to raise a reasonable doubt about how things went down.
I wouldn't have been surprised by a manslaughter conviction, but I am not shocked the jury found a reasonable doubt from the little we know of the evidence.
People tend to forget that the reason we have a high burden of proof on the State is to restrict the awesome power of government. Without procedural safeguards, the government can crush you like a bug.
I would not be at all shocked if Boushie's family went after Stanley in a civil trial and won, because of the lower burden of proof, incidentally.