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Jury had option to reduce murder charge to manslaughterBy David LeaIn his instructions to the jury, Gray said defence, they were instructed to return a Jesse Comeau in the heart and then foughtOAKVILLE BEAVER STAFFthat to find Todorovich guilty of second-verdict of not guilty.with Dean stabbing him repeatedly at thedegree murder, the Crown must have prov-Gray also said it was not up to the defence bottom of the stairs.The jury in the trial of accused murderer en beyond a reasonable doubt that to prove Todorovich acted in self-defence, Pringle attempted to intervene and wasBradley Todorovich had the opportunity to Todorovich caused Comeaus death, caused but up to the Crown to prove he didnt.also cut.consider the lesser charge of manslaughter Comeaus death unlawfully and that Gray also discussed the attempted mur-Todorovich then ran up the stairs, leftin the event they found Todorovich did not Todorovich had the state of mind for mur-der charge facing Todorovich, again stating the house and the area.intend to kill Oakville resident Jesse Comeau, der.that for a verdict of guilty, the jury again had The Crown contended the lethal injury16.If, however, the jury found the Crown did to find the Crown had proven beyond a rea-to Comeau and the multiple stab wounds toJustice Doug Gray told the jury about not prove intent they could still find Todorovich sonable doubt that Todorovich intended to Dean show intent to kill.this option Tuesday morning, as he gave guilty of manslaughter, said Gray.kill Gary Dean.The defences position was that after thethem his final instructions before they Gray said second-degree murder may While both sides agreed the cutting of confrontation erupted between Pezinskibegan their deliberations.also be reduced to manslaughter though Pringles hand was an accident, Gray said and the one partygoer, the crowd turned notFour hours the judge gave his final the Provocation Rule where the jury feels that if Todorovich intended to hurt Dean only on Pezinski, but on Todorovich, asinstructions, the jury returned with a man-the accused was the victim of a wrongful and hurt Pringle, instead, then he is guilty well.slaughter verdict and found Todorovich not act, which robbed him of his self-control.of assault with a weapon with regard to her Todorovich was punched repeatedly inguilty on the remaining charges.In the case of this trial, Gray said, the injury.the head as he attempted to leave the base-Todorovich had pleaded not guilty to the wrongful act would have been the partygo-The flipside to this is that if the jury finds ment, but found there were too many peo-second-degree murder of Comeau, the ers assaulting Todorovich.Todorovich did not intend to stab Dean, ple on the stairs and he was trapped.attempted murder of Gary Dean and the Gray also talked about self-defence stat-they must also return a verdict of not guilty After being punched or shoved fromassault of Katie Pringle with a knife.ing the law allows for the use of force in the for Pringles stabbing.behind and hearing breaking glass andAt the start of the trial, Todorovich event of attack, but said there are limits as The Crowns position was that Todorovich believing the crowd may have been gettingadmitted to causing Comeaus death and to how much force a person can use.came to the party in the basement of a weapons ready, Todorovich feared for hisDean and Pringles injuries after a fight A person, he said, cant use more force Burlington townhouse with a knife he life, pulled his knife and thrust twice in thebroke out at a Burlington birthday party on than is necessary to end the assault.intended to use if trouble started.direction of his attacker, killing Comeau.July 11, 2009.Gray said when trying to decide whether A fight broke out between Todorovichs He then became locked in a fight withComeau died after receiving a single stab self-defence applies to this case the jury must friend Michael Pezinski and one of the par-Dean, in which Dean was repeatedly punch-wound to his heart.ask themselves, was Todorovich unlawfully tygoers at this point the vast majority of ing Todorovich in the head. Dean received multiple stab wounds to assaulted by more than one person or rea-the people at the party forcibly removed Todorovich stabbed Dean with the knifehis back and side while Pringle was cut on sonably believed he was?Pezinski.to end the assault.the hand.Did Todorovich reasonably believe he was With most people following Pezinski He then ran out of the house, called 911Todorovich, who was 18 at the time, going to be killed and did he reasonably upstairs, only a small number of people twice to get help and once in police custody,claimed he acted in self-defence and did not believe he could not otherwise save himself?remained in the basement.against the advice of his attorney, confessedmean to kill or harm anyone.If the jury found Todorovich acted in self-Todorovich drew his knife and stabbed what he had done.HAPPY CANADA DAY!Receive FREE CANADIAN FLAG and FREE COFFEE & CAKESaturday July 2nd ONLY!!!Your choice of Canada DayGet a CAMPING CHAIR forHanging BasketCedar Garden Mulch$99%99$2worth $9.99OFF25WITH EACH PURCHASE 2Black #335898OF $25 BEFORE TAXES.While supplies lastRed #335639/2614084-chair limit per customerSKU#341500Natural #261407/33198FREE %* % off155 Pack 20on Treated Woodof Lawn offFence Boards& Leaf Bags(1x6, 2x4, 4x4)on selectedwith ANY PURCHASE Apply for Rona Advantage See store for quoteCard instantly receive 10%between 2 pm - 3 pmGrass Seeds+back in Rona Gift Cards.Truly2 Locations to choose from:Canadian399 Speers Road, Oakville2311 Royal Windsor Drive, Oakville 905.337.1533905.844.8010www.insideHALTON.com OAKVILLE BEAVER Wednesday, June 29, 2011 4