N.S. top court rejects murder appeal in Colton Cook case

The Nova Scotia Court of Appeal has upheld the conviction of Robert Charles Rogers for his involvement in the brutal murder of Colton Cook in the Yarmouth area four years ago. Rogers was found guilty of second-degree murder in September 2020, after evidence presented in court revealed the gruesome details of Cook’s death. Cook was shot, stabbed, and attacked with a blade before his body was dumped in a field and his truck was set on fire.

Despite the horrific nature of the crime, there was no clear motive established for the attack, and the medical examiner was unable to determine which of Cook’s injuries ultimately caused his death. Rogers was one of three men accused of participating in the fatal assault on Cook, with one of the other men, Keith Sisco Jr., testifying as a witness for the Crown during Rogers’ trial.

In his appeal, Rogers’ lawyer argued that the trial judge had failed to properly instruct the jury on how to evaluate Sisco Jr.’s testimony, describing the witness as “unsavoury.” The lawyer contended that jurors needed more guidance on how much weight to give Sisco Jr.’s evidence. However, the Court of Appeal ultimately rejected this argument, finding that the trial judge’s instructions were sufficient.

Additionally, Rogers’ lawyer claimed that Sisco Jr.’s testimony regarding Rogers’ level of impairment on the night of Cook’s murder should have supported the defense’s argument that Rogers was not capable of forming the intent to commit murder. Yet, the Court of Appeal determined that Sisco Jr.’s testimony actually indicated that Rogers was functioning quite well that night. According to Justice David Farrar, Sisco Jr. described Rogers engaging in physically demanding tasks, such as moving Cook’s body and setting fire to the truck, and even showed empathy by checking in on Sisco Jr. afterwards.

Based on this evidence, the Court of Appeal concluded that Rogers was not so intoxicated as to be unable to use his cognitive and motor skills. Ultimately, the appeal was dismissed, and Rogers’ conviction for second-degree murder was upheld. The decision serves as a reminder of the importance of thorough evaluation of witness testimony and the need for clear and compelling evidence in criminal cases.