Dying man’s final words of accusation are parsed in courtroom
Richard Taylor has pleaded not guilty to first-degree murder in death of his mother, stepfather
It was astounding he could speak at all.
With third-degree burns covering nearly his entire body, nobody expected Alan Rutherford to be able to talk, let alone coherently.
Yet, over and over, Alan tried to use his dying words to accuse his own killer.
Those words, heard by neighbours, police and paramedics, are now being parsed and examined, compared and discussed in a courtroom.
Did Alan say Rich did it?
On trial is Richard Taylor, 45, charged with the first-degree murder of his stepfather, Alan, and of his mother, Carla Rutherford. Taylor has pleaded not guilty.
The Crown theory is that Taylor, an elementary school teacher with a wife and two young kids, did it for the money. He was badly in debt and stood to inherit a tidy sum from his mother, but only if she and Alan were both deceased.
The retired hospital laboratory workers were asleep in their ranchstyle house at 8 Greening Crt. in Dundas around 3:30 a.m. on July 9, 2018, when someone set fire to it.
Carla died there and then. She was 64.
Alan made it out, burned beyond recognition, in unfathomable agony, and knowing Carla was gone. He died less than 12 hours later. He was 63.
While still at the chaotic, frantic scene of the crime, Alan tried to explain what happened.
But what were his exact words? What did each witness hear? What impact did the sirens and fire and shock have on each conversation?
Jurors have heard evidence that Carla called her son Richie. Alan
called him Rich.
To the woman who lived next door, on whose porch he collapsed, Alan said: “We’ve been firebombed,” the woman testified previously.
And: “Don’t call Rich. He did this. He’ll already know about it.”
The woman’s daughter, 17 at the time, testified she heard it this way: “Don’t call Rick. I think he had something to do with it” or “I know he had something to do with it.”
As paramedics wheeled Alan to the ambulance, the teen heard Alan say something about his “son-in-law.”
There is a Rick. The accused’s father, Richard Taylor Sr., goes by Rick. And Alan had a son-inlaw, but that was not Rich, who was his stepson.
Const. Jason Katzmann, the first officer at the scene, testified Alan told him “the fire started in the bedroom” and his house was “firebombed.” He climbed out his bedroom window, but couldn’t get his wife out. And “it was his wife’s son Rich who did it.”
Alan was able to state his name and date of birth to the officer.
The officer told the jury on Thursday that, as Alan was wheeled on a stretcher to the ambulance, he spoke again.
“I remember he was saying prayers.”
The jury also heard from Ben Winfield, who dated one of the daughters at the house with the porch. He was 20 then and had stayed over.
He was there when Alan was wheeled to the ambulance.
“I could just hear Alan screaming that he knew who did it. It was his son-in-law. It was Rick.”
Winfield told the court he was confident in what heard.
Paramedic Lisa Kovacs testified that, on the porch, Alan “was yelling and screaming that he’d been firebombed. He repeated it a few times, that he couldn’t believe this had happened. He was yelling out for his wife and for his dogs.”
Alan was “talking clearly” as she and her partner moved him onto a stretcher and wheeled him to the ambulance.
“I couldn’t believe he was talking with the extent of burns he had.”
Alan yelled, “I know my wife is dead,” said Kovacs, adding it was difficult to hear over the sound of the rolling stretcher.
Once in the ambulance, “he was still coherent and talking to us,” she said. He was able to follow the paramedics’ commands and answer their questions.
Alan kept repeating “I can’t believe this happened. I can’t believe he did this to us.”
“Who do you think did this to you?” Kovacs asked. “Family,” he said.
“Why do you think that?” “Financial,” he said. Kovacs remembers Alan saying the bedroom door “was blocked.” That somebody was holding the door. And “I couldn’t get out of the room.”
The paramedic realized Alan might die before giving a statement to police. She thinks he realized it too. She told him to concentrate on his breathing, “so you can tell your story.”
Kovacs didn’t recall Alan praying.
Her paramedic partner, Scott Stevenson, told the trial the dying man on the porch “kept repeatedly saying he couldn’t save her.”
While they moved the stretcher to the ambulance, Stevenson didn’t hear Alan speak.
Once inside the ambulance, where it was quieter, Stevenson asked Alan who it was that he couldn’t save.
“My wife,” he answered. “He explained to us he was in his bedroom. He was sleeping. He couldn’t get out of his bedroom door so he jumped out the window.
“He did say the fire or something was blocking the bedroom door.”
Then Stevenson heard Alan say, “I think it’s my son-in-law” and “because there’s a lot of problems going on.”
Stevenson testified he is sure those were Alan’s exact words.
He doesn’t remember Alan using the word “financial.”
After that, Stevenson administered morphine.
When they reached Hamilton General Hospital moments later, Alan was intubated and put on life support.
He never spoke again.