The first-degree murder trial of Brandin Brick in Saskatoon was rocked Wednesday morning by the revelation that the accused's mother Karin Roem — who testified for the Crown Monday and identified her son as a member of the notorious Terror Squad gang — was allegedly attacked by four people on Tuesday night.

Brick, 28, is on trial for first-degree murder in the February 2018 death of Jaimes Chaisson, 28, a member of the rival gang Saskatchewan Warriors. It's a judge-alone trial.

On Wednesday, Brick's defence attorney, Patrick McDougall, requested a mistrial after telling the court that Roem had been bear-sprayed on 22nd Street W. Tuesday night. McDougall said a cab driver pulled Roem to safety. Police attended the scene, McDougall said.

"This is unacceptable," McDougall said.

Roem had testified Monday for the Crown. She said that on the day before Chaisson's death, Feb. 13, Brick came to her home on Avenue U South, grabbed a loaded gun from her bedroom closet, took a bullet out and then left.

She said she had never seen the gun before.

She also identified Brick as a member of the Terror Squad — something witnesses in previous Saskatchewan gang-related trials have been reluctant to do.

Saskatoon Police Service confirmed that a 48-year-old woman reported having been bear sprayed in the 2200 block of 22nd Street W at about 8:30 p.m. CST Tuesday.

A 28-year-old male suspect was arrested Wednesday morning and charged with assault with a weapon.

The man will make his first court appearance Thursday.

Fearing for witness safety

McDougall said he feared for Roem's safety and that of other witnesses and that he would be reluctant to call other witnesses. He called for a mistrial.

"I can't be sure that they're going to be safe," McDougall said of witnesses.

He said Brick has been attacked while in jail.

Brandin Brick was charged in February 2018 with first-degree murder, kidnapping, possession of a firearm while prohibited and breach of recognizance. (Saskatoon Police Service)

"He could be dead in a day," MacDougall said of Nathan Pelly, Brick's bodyguard.

Pelly testified on Tuesday that he saw Brick shoot Chaisson with a sawed-off shotgun inside a car on Feb. 14, 2018, and that he feared for his life after witnessing the shooting.

McDougall said the gallery was particularly disruptive during Pelly's Tuesday testimony. He said someone even mouthed words toward Brick in the prisoner's box.

When Pelly testified that he was Brick's bodyguard, several people in the gallery chuckled. Court was shown surveillance footage from a 7-Eleven that Chaisson, Pelly and Brick all visited just hours before Chaisson's body was found early in the morning on Feb. 14 on Avenue P S. The footage clearly showed the burly Pelly holding open the store's door for Brick.

'It's an unfortunate reality'

The Crown attorney, Sandeep Bains, spoke against MacDougall's mistrial request.

"It's an unfortunate reality that we have in our society," Bains said, adding that the Crown does the best it can and that he was sad for anyone who was hurt.

"I can feel that my witnesses are not here because of intimidation."

"Are we going to wait until someone dies?" McDougall said in reply.

James Chaisson was 28 when he died. (Supplied by the Chaisson family)

Justice Daniel Konkin denied the mistrial request, saying he did not feel it was the appropriate remedy. He said the issue of witness protection was not likely to apply to Wednesday's witnesses.

Konkin also said he did not have all the facts before him about Tuesday night's alleged attack on Roem.

Asked during a recess about Roem's condition, McDougall said he could not say as he had been speaking to Roem in confidence.

CBC News has reached out to Roem for comment.

Two police officers testified once the trial resumed its normal course Wednesday morning.

One of them, Officer Leslie Vandenbeuken, testified that one live round and one spent casing were found in the vehicle the trial has heard Brick was driving that night.

Attendance in the gallery was notably spare on Wednesday.