Teen didn’t join in swarming attack, says lawyer

Evidence against youth accused in 2015 death of Luka Gordic ‘riddled with credibility problems’

An accused teen was present at the scene but did not participate in a deadly swarming attack on Burnaby teen Luka Gordic, a lawyer for the youth said in final submissions Wednesday.

The accused, who has pleaded not guilty to manslaughter, is one of three youths on trial in Vancouver in connection with the May 2015 fatal stabbing of Gordic, 19, in Whistler.

Donna Turko, a lawyer for the accused, told B.C. Supreme Court Justice Terence Schultes that before the slaying, her client was drinking, walking around the village, meeting up with friends and talking to girls.

She said there was no evidence that he heard phone calls between another accused and Gordic and no proof that the teen knew anything about a conflict that had been brewing between the two young men during the day.

“In addition, while (the accused) was present at the scene of the stabbing, he did not participate in the attack or encourage it in any way,” said Turko.

“He went no closer to the fight than did Luka Gordic’s friends who were called as Crown witnesses.”

Police found DNA from the victim on her client’s boots after he was arrested, apparently from the victim’s blood, but Turko argued there were “opportunities” which provide innocent explanations.

She said the DNA could have been transferred to her client from one of the other accused, who was covered in blood, or it could have been transferred when the two accused in question were arrested together.

The Crown’s theory is that the attack happened following tensions between the victim and another accused, with the victim telling the accused he should stop abusing his former girlfriend.

A Crown witness testified that before the slaying, Turko’s client had been looking for Gordic, but the defence lawyer said the witness was mistaken or lying and his evidence was “riddled with credibility problems.”

Turko said that the main focus of the weekend for the group of Grade 12 students from the Burnaby area was drinking, drugging and chasing the opposite sex and that while there was an attack on Gordic, it was not a planned attack and was an “unlucky happenstance meeting.”

“Teenage boys are often full of bravado, especially when it comes to girls. Unfortunately the addition of alcohol and drugs often pushes matters from talk to action.

“The evidence supports someone overreacting when spotting Luka Gordic and others, perhaps jumping into the fray in the heat of the moment.”

She portrayed her client as being similar to most of the other youths — an “average” high school boy, with no criminal record, attending school, involved in sports, working part-time and looking forward to graduation.

When court reconvened following the lunch break, Turko claimed to the judge that a member of the victim’s family had intimidated her outside a restaurant, calling it an “affront to justice.”

Doug Jevning, a lawyer for the third accused, told the judge that his client had been subjected to inappropriate comments, not just on Wednesday but also on other days.

After hearing from the sheriffs, the judge said it was “absolutely essential” that the family members abide by “zones” that have been set up outside court by sheriffs to ensure the safety of everyone.

None of the accused can be identified due to a publication ban imposed by the judge.

“He went no closer to the fight than did Luka Gordic’s friends who were called as Crown witnesses.” — Donna Turko, defence lawyer