HOMICIDE TRIAL

Pascal’s fate rests with jury

A Regina jury is now deciding whether a 38-year-old man is guilty of murdering or committing manslaughter against his brother or whether he was acting in self-defence when the stabbing occurred.

Stevin Blaine Pascal (previously spelled Steven in court documents) is facing a second-degree murder charge in the death of his younger brother, 22-year-old Trent Mark Gordon, on May 25, 2015.

Following approximately 1½ weeks of evidence, the jury returned to Regina Court of Queen’s Bench on Thursday when they received instructions from Justice Richard Elson. They began deliberating at about 1:15 p.m.

As of 6:30 p.m., they had not yet reached a verdict. They returned with a question at about 4:15 p.m., asking for a “decision tree” outlining the routes they could take to various verdicts.

In his charge to the jury, Elson provided jurors with three possible verdicts: guilty of second-degree murder as charged; not guilty of second-degree murder but guilty of the lesser and included charge of manslaughter; or not guilty of any offence because of self-defence.

The judge explained the law in general, as well as how it pertains to testimony jurors heard during the trial.

The jury heard from a variety of witnesses — including Pascal himself — who provided details of an incident that began when Gordon and his girlfriend returned to the house at 964 Athol St. where they were living with Pascal and his girlfriend.

Court heard Pascal and his partner had allowed several people to crash at the house, and that Gordon evicted everyone, including his brother. Witnesses reported Gordon chased Pascal onto the street.

Elson noted witnesses diverged on their testimony once the incident ended up on the street shortly before 3 a.m., some testifying to two distinct confrontations between the brothers and others saying they saw just one.

There was also some question as to who did what, if anything, with the various weapons — a golf club, a hunting knife, a butcher knife and a machete — located at the scene. What was clear, according to the forensic pathologist who did the autopsy, was that the single stab wound that punctured Gordon’s heart and lung was made by something thinner than those knives.

Pascal claimed his brother was coming at him with the machete and that he thought he was about to be attacked. He said he was running from Gordon when he made a backhanded swing with a paring knife (such a knife was never located), but didn’t immediately know he had connected.

But the Crown argued Pascal stabbed Gordon during what was essentially a fist fight, a witness having told the court Gordon had a machete but had dropped it prior to repeatedly punching his older brother.

The Crown argued Pascal knew or ought to have known Gordon wasn’t armed when the stabbing occurred, and that Pascal’s response to the confrontation was disproportionate and unreasonable.

But defence lawyer Kim Stinson urged the jury to find his client had taken reasonable steps to avoid a confrontation, and took action against an imminent and potentially lethal threat — or at least believed he was under such a threat — when he stabbed Gordon.