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An Ottawa jury has found Brandon Ethier guilty of second-degree murder in the Oct. 22, 2016 stabbing death of his roommate Joshua Briere.
For the jury to reach the verdict on Friday, Justice Kevin Phillips said, the Crown must have proven beyond a reasonable doubt that Ethier, 29, caused Briere’s death, that he did so unlawfully, and, crucially, that he had “the state of mind required for murder.”
Phillips said it was “plain to see” that Ethier, whether it was intentional or not, had caused Briere’s death that night, and said wielding the knife during the attack constituted an unlawful act.
But he reminded the jury of Ethier’s own testimony last week, in which the accused said, “I meant to cut him. I didn’t mean to kill him.”
Ethier, the judge said, testified his roommate died because “things went awry.”
Ethier’s defence, headed by veteran criminal defence lawyer Doug Baum, centred on his level of intoxication at the time of the killing. Ethier told the jury he and other partygoers spent the day and night drinking vodka and beer, smoking weed and snorting cocaine. A small-time drug dealer, Ethier had provided most of the cocaine that evening.
His mind, according to the defence, was “significantly clouded by intoxicants” by the time of the killing, around 3 a.m. on Oct. 22, 2016.
Joshua Briere.
The defence summarized its case for manslaughter, to which Ethier had already entered a guilty plea upon arraignment, by saying Ethier had no intent to kill Briere, nor to inflict injury so grievous that Ethier would have known death could result.
The fight between the roommates that ended with Briere fatally stabbed was a “dynamic” one with a “significant struggle,” the defence contended.
Ethier had testified he wanted to “threaten” Briere with the knife, but that Briere had “pivoted himself onto the blade” during the scuffle.
Phillips said the two stab wounds to either side of Briere’s body were “consistent” with a pivoting motion.
Crown prosecutors Caroline Thibault and Bruce Lee-Shanok argued Ethier intended to cause bodily harm, knew the likelihood Briere could die from the injury, “but went ahead anyway.”
There was animosity between the two roommates — court heard several eyewitness accounts of another “tussle” earlier in the night between the two men, which ended amicably after Briere tackled Ethier into a wall. A second argument later in the night, this one sparked by a disagreement over money, according to a witness, escalated with Briere pushing Ethier off a chair and Ethier smashing a beer bottle over Briere’s head.
The Crown contended Ethier was motivated to kill by “alcohol-fuelled anger and embarrassment.”
Ethier, the Crown argued, was “humiliated” after losing both fights, so he stormed off to his room, grabbed the hunting knife he had been using to cut cocaine into lines, and 30 seconds later plunged the swiveled 15-cm blade into Briere’s left arm and chest. The second stab wound went hilt-deep on his rib cage, piercing Briere’s liver and heart.
Ethier testified the first wound was the result of Briere adopting a fighting stance and moving his body onto the blade, while the second wound was “accidental” as the two men grappled.
Other witnesses, including Briere’s younger brother Joel Briere, and mutual friend Daulton Boudreau, whose birthday they were celebrating that night, gave a different account. They both testified Ethier walked aggressively toward the unarmed Briere, keeping the knife in his hand hidden, and witnesses said Ethier swung his arm back before striking the fatal blow.
Court heard Ethier has a criminal record, but Phillips instructed the jury to consider his prior crimes “only to assess (Ethier’s) credibility” on the witness stand, and not to decide whether Ethier is the “sort of person” capable of committing murder.
The jury was likewise told to “draw no inference” from Ethier’s admission to dealing drugs, nor from his possession of an air pistol, nor from the “vulgar” lyrics the jury heard in video clips recorded that night of Ethier and Briere freestyle rapping.
“This is not about whether Mr. Ethier is likeable or a person of good character,” Phillips said, instructing the jury to “keep your eye on the ball.”
A future hearing will be set for Ethier’s sentencing.
More to come.
ahelmer@postmedia.com
Twitter.com/helmera
查看原文...
For the jury to reach the verdict on Friday, Justice Kevin Phillips said, the Crown must have proven beyond a reasonable doubt that Ethier, 29, caused Briere’s death, that he did so unlawfully, and, crucially, that he had “the state of mind required for murder.”
Phillips said it was “plain to see” that Ethier, whether it was intentional or not, had caused Briere’s death that night, and said wielding the knife during the attack constituted an unlawful act.
But he reminded the jury of Ethier’s own testimony last week, in which the accused said, “I meant to cut him. I didn’t mean to kill him.”
Ethier, the judge said, testified his roommate died because “things went awry.”
Ethier’s defence, headed by veteran criminal defence lawyer Doug Baum, centred on his level of intoxication at the time of the killing. Ethier told the jury he and other partygoers spent the day and night drinking vodka and beer, smoking weed and snorting cocaine. A small-time drug dealer, Ethier had provided most of the cocaine that evening.
His mind, according to the defence, was “significantly clouded by intoxicants” by the time of the killing, around 3 a.m. on Oct. 22, 2016.
Joshua Briere.
The defence summarized its case for manslaughter, to which Ethier had already entered a guilty plea upon arraignment, by saying Ethier had no intent to kill Briere, nor to inflict injury so grievous that Ethier would have known death could result.
The fight between the roommates that ended with Briere fatally stabbed was a “dynamic” one with a “significant struggle,” the defence contended.
Ethier had testified he wanted to “threaten” Briere with the knife, but that Briere had “pivoted himself onto the blade” during the scuffle.
Phillips said the two stab wounds to either side of Briere’s body were “consistent” with a pivoting motion.
Crown prosecutors Caroline Thibault and Bruce Lee-Shanok argued Ethier intended to cause bodily harm, knew the likelihood Briere could die from the injury, “but went ahead anyway.”
There was animosity between the two roommates — court heard several eyewitness accounts of another “tussle” earlier in the night between the two men, which ended amicably after Briere tackled Ethier into a wall. A second argument later in the night, this one sparked by a disagreement over money, according to a witness, escalated with Briere pushing Ethier off a chair and Ethier smashing a beer bottle over Briere’s head.
The Crown contended Ethier was motivated to kill by “alcohol-fuelled anger and embarrassment.”
Ethier, the Crown argued, was “humiliated” after losing both fights, so he stormed off to his room, grabbed the hunting knife he had been using to cut cocaine into lines, and 30 seconds later plunged the swiveled 15-cm blade into Briere’s left arm and chest. The second stab wound went hilt-deep on his rib cage, piercing Briere’s liver and heart.
Ethier testified the first wound was the result of Briere adopting a fighting stance and moving his body onto the blade, while the second wound was “accidental” as the two men grappled.
Other witnesses, including Briere’s younger brother Joel Briere, and mutual friend Daulton Boudreau, whose birthday they were celebrating that night, gave a different account. They both testified Ethier walked aggressively toward the unarmed Briere, keeping the knife in his hand hidden, and witnesses said Ethier swung his arm back before striking the fatal blow.
Court heard Ethier has a criminal record, but Phillips instructed the jury to consider his prior crimes “only to assess (Ethier’s) credibility” on the witness stand, and not to decide whether Ethier is the “sort of person” capable of committing murder.
The jury was likewise told to “draw no inference” from Ethier’s admission to dealing drugs, nor from his possession of an air pistol, nor from the “vulgar” lyrics the jury heard in video clips recorded that night of Ethier and Briere freestyle rapping.
“This is not about whether Mr. Ethier is likeable or a person of good character,” Phillips said, instructing the jury to “keep your eye on the ball.”
A future hearing will be set for Ethier’s sentencing.
More to come.
ahelmer@postmedia.com
Twitter.com/helmera
查看原文...
