Man charged in 2016 killing acted in self-defence, jury told

Chad Alphonse charged with 2nd-degree murder in fatal stabbing of Waylon Jackson

Chad Alphonse acted in self-defence when he stabbed Waylon Jackson to death two years ago and was much too drunk to form the intent to murder, defence counsel argued in a Kelowna court Wednesday.

Alphonse, 28, is charged with seconddegree murder in the death of 26-year-old Jackson, to which he has pleaded not guilty.

The defence did not call any witnesses in the trial, which began March 6, and Alphonse did not testify.

On March 11, 2016, Jackson and Alphonse were at Jackson’s Gerstmar Road home in Rutland when they got into a physical fight.

Jackson fought Alphonse to the floor, punching him, and then hit Alphonse with a chair multiple times.

After Jackson threw the chair to the side, Alphonse slashed Jackson’s shoulder and stabbed him twice. The lower stab wound went through Jackson’s heart, leading to his death.

“The circumstances (Alphonse) found himself in . . . being hit by a chair, having been beaten up in that corner, (it) is totally reasonable that he came out of that corner with his knife in his hand and it was not excessive,” said defence counsel Terry La Liberte in his closing submissions to the jury.

La Liberte argued the stabbing was a quick reaction to being beaten up by Jackson.

“That’s why it’s so consistent with selfdefence,” he said.

During the trial, the jury was told Jackson’s knife was on the kitchen counter nearby.

The defence argued that, prior to being stabbed, Jackson was walking toward the knife.

“At that time, that knife had a presence and that’s what my client was reacting to,” said La Liberte.

The Crown argued Jackson was actually walking toward his common-law wife and five-week old baby. Jackson did not reach the knife or his family before he was stabbed.

Crown prosecutor David Grabavac argued Alphonse was not acting in self-defence, and that his actions were deliberate and purposeful.

“By stabbing Mr. Jackson twice in the chest, Mr. Alphonse intended to cause Mr. Jackson’s death, or intended to cause bodily harm that Mr. Alphonse knew was likely to cause Mr. Jackson’s death and was reckless whether death would ensue,” he said.

Grabavac argued there was no direct evidence Alphonse knew Jackson’s knife was on the counter at that time, and therefore would not have felt threatened by it.

In addition to self-defence, La Liberte argued Alphonse was highly intoxicated during the incident and could not have formed the intent to murder.

“There’s very little evidence of sobriety,” he said, pointing out the number of empty alcohol containers found in the home that night.

“The Crown is attempting to suggest that those are the only empties . . . therefore that’s all they drank, therefore he couldn’t be that intoxicated,” said La Liberte.

In cross-examining one of the investigators, La Liberte asked if police looked anywhere else for empty bottles, including in the garbage or under the sink. “The officer had not done that,” he said. Witnesses in the trial commented about certain brands of alcohol that were consumed that night, but some of those containers were not found.

“There were lots of empties missing,” said La Liberte.

The night of his arrest, Alphonse told police he could not remember what had happened and that he had blacked out.

“It’s clear as a bell that my client was under the influence of alcohol to a great extent,” said La Liberte.

Grabavac argued Alphonse could not have been that drunk because he was able to stand and follow directions of police investigators following the incident.

“The consumption of marijuana and alcohol by Mr. Alphonse did not prevent him from forming the intent for murder,” he said.

The judge began her instructions to the jury Wednesday afternoon, and the jury is expected to begin deliberating today.