A teen lady who took half within the violent swarming of a homeless Toronto man greater than two years in the past was the one one within the group who might have stabbed him twice in the course of the assault, prosecutors alleged Wednesday at her homicide trial.
The lady — one in all eight teenagers charged within the case — is seen lunging towards Kenneth Lee’s facet at one level within the incident, which was captured on safety video, prosecutors stated as they started their closing submissions within the judge-alone trial.
Later, when Lee falls ahead after being cornered towards a retaining wall, the lady’s proper hand jabs ahead “fairly dramatically” and delivers the deadly blow, prosecutor Sarah De Filippis alleged.
“She is the one particular person able to ship these stab wounds,” De Filippis advised the courtroom.
The lady was 14 when she and a gaggle of buddies encountered Lee in a downtown Toronto parkette in December 2022. She has pleaded not responsible to second-degree homicide.
One other lady who was 16 on the time entered a shock responsible plea to the lesser cost of manslaughter on Tuesday, admitting in a press release that she was a “joint participant” in a gaggle assault that led to Lee’s demise.
The Crown alleges the youthful lady stabbed Lee with a knife within the closing moments of a swarming that performed out in three waves of violence and lasted roughly three minutes and 20 seconds.
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The defence, nevertheless, maintains the lady wasn’t the one who dealt the deadly blow, arguing it’s inconceivable to inform from safety video who stabbed Lee or when. Even Lee himself didn’t notice he had been stabbed till later, the defence has argued.
If the courtroom just isn’t satisfied past an inexpensive doubt that the lady inflicted the deadly wound, she ought to nonetheless be discovered responsible of second-degree homicide for taking part within the group assault that resulted in Lee’s demise, the Crown argued Wednesday.
Court docket has heard Lee, 59, died on the working desk at St. Michael’s Hospital on Dec. 18, 2022.
An post-mortem discovered he died from blood loss after he was stabbed within the coronary heart, courtroom heard. Lee additionally had one other, smaller stab wound close to his armpit that didn’t contribute to his demise and an assortment of bruises and different accidents, in response to the forensic pathologist who examined his physique.
On the time of her arrest, the lady was discovered with two pairs of nail scissors and a few tweezers, courtroom heard. The forensic pathologist stated it was unlikely these scissors would have induced the deadly wound as a result of the blades appeared too brief. The scissors might have induced the smaller reduce, she stated.
Prosecutors stated that whereas they consider the deadly wound was brought on by a knife, they’ll’t rule out the likelihood that the scissors had been used as an alternative.
No knife was recovered in the course of the investigation however there are “transient intervals” after the group leaves the parkette the place the lady just isn’t seen on safety video and will have disposed of a weapon, the Crown stated.
In his closing submissions, defence lawyer Boris Bytensky stated the Crown has fallen “far, far wanting proof past an inexpensive doubt” for second-degree homicide.
The lady didn’t have a knife at any level that evening and didn’t have the intent for homicide, he argued.
She had been ingesting and smoking marijuana with buddies at Yorkdale mall hours earlier than going to the parkette and there’s proof she continued to drink afterward, he stated, pointing to safety footage that reveals the group with a bottle of Crown Royal whisky that seems more and more empty as they make their method downtown.
“She’s demonstrating apparent indicators of intoxication,” stumbling round with lowered inhibitions even within the half hour earlier than the incident, Bytensky argued.
The defence has acknowledged the lady “may” have induced the smaller, non-fatal wound, however not the one which pierced Lee’s coronary heart.
Eight women had been arrested within the hours that adopted Lee’s demise. Thus far, 5 have pleaded responsible — 4 to manslaughter and one to assault with a weapon and assault inflicting bodily hurt.
The lady presently on trial tried to plead responsible to manslaughter on the primary day of trial however her plea was rejected by the Crown.
A jury trial is scheduled in Might for the remaining two women.
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