Evidence ‘overwhelming’ in murder case, Crown says
Durant beat the victim with a hammer in the garage of the home he was sharing with his wife, trial told
The lead Crown attorney in Michael Durant’s first-degree murder trial began his closing arguments by telling Superior Court Justice Gerald Taylor the evidence against him “is overwhelming.”
Andrew Sabbadini said trial evidence shows Durant beat the victim with a hammer in the detached garage of the home he was sharing with his wife, Dana Arnold, who testified against the accused.
“Ms. Arnold came home and interrupted him,” Sabbadini said. “He had a chance to take (the victim) to the hospital, but, despite this cooling-off period, he decided to complete the murder. He then took control of her body and left her in a ditch the country.”
Durant, 47, is accused of killing a 32-year-old Niagara Falls woman in early August 2003. The victim’s body was discovered near Darby and Grassybrook roads on the outskirts of Niagara Falls.
The autopsy revealed the victim — her name is protected by a court-imposed publication ban — died from blunt force injuries that could well have been inflicted with a hammer.
Durant, who has been in custody since Niagara Regional Police arrested him in 2006, was convicted of the murder in 2012 and sentenced to life with no possibility of parole for at least 25 years. The Court of Appeal overturned Durant’s conviction in 2019, and a new trial was ordered.
Sabbadini’s closing statements are scheduled for two days. The trial began in January and is being held in Kitchener as the defence asked for a change in venue.
Sabbadini said Arnold testified that on the night of the murder she finished work, picked up their infant daughter from her parents, and returned home to find the house unlocked after midnight.
“She started looking for Mr. Durant,” Sabbadini said. “She testified she heard moaning and huffing from the garage.”
When she flipped on the lights, she saw Durant with blood on his hands and arms up to his elbows.
Sabbadini said Arnold testified Durant told her, “a hooker tried to rob him, and he had knocked her out, brought her back from the garage.”
Durant told Arnold when the victim saw lights from the couple’s car, the victim grabbed a hammer and tried to hit him. Durant said he took the hammer from her and hit her.
“He is caught red-handed, and comes up with a story,” Sabbadini told Taylor. “It’s not a great story, but he had to think fast.”
Arnold testified Durant had her back the car into the garage. He then moved the victim into the trunk.
Sabbadini said Arnold asked Durant if the victim was still alive.
“Mr. Durant said yes, she was still breathing,” Sabbadini said.
Arnold then drove the car with the victim in the trunk, and their infant daughter in the back seat, to a rural area on the outskirts of Niagara Falls.
“Ms. Arnold testified she tried to tell him the victim needed help — that she needed to get her to hospital.
“He said no, they would go to jail. She would get 12 years and lose their daughter.”
On the way home, they passed a pay phone on Drummond Road. Arnold said she wanted to call for help, but Durant again rebuffed her.
Sabbadini also reviewed evidence from an autopsy and testimony from a forensic pathologist.
The body was decomposing when it was found, which made determining the full extent of her injuries difficult.
“With immediate medical attention, she might have survived,” Sabbadini said.
“All we can say is the injuries to the skull transferred to the brain,” he said. “It was likely lethal, but we don’t know exactly how long she could have survived with the injuries.”