A lawyer for one of two men accused in the fatal stabbing of a popular Calgary chef says her client is guilty of manslaughter, but not second-degree murder.
Anthony Dodgson and Tommie Holloway have both pleaded not guilty to second-degree murder in the death of Christophe Herblin on March 14, 2020.
Herblin was a longtime executive sous chef at the Glencoe Golf and Country Club and his new restaurant was weeks away from opening.
A jury has heard that Herblin responded to an early-morning break-in at the restaurant and, after police had left, was stabbed in the parking lot and later died.
Dodgson is accused of stabbing Herblin nine times but said he only remembers being involved in a scuffle.
Holloway testified there was no plan to attack Herblin and, although he had smashed the chef's car windows, he had left before the attack.
“This is a senseless death. It's unfortunate, unnecessary, troubling. But remember what Justice (Blair) Nixon told you on your first day. He told you to judge this case fairly,” Dodgson's lawyer, Tonii Roulston, said Wednesday in her final arguments.
She said because Dodgson was impaired from drugs and alcohol, he was unable to understand the consequences of his actions.
“Did Anthony Dodgson commit an unlawful act? Yes he did. Did that unlawful act cause the death of Christophe Herblin? Yes it did. Did Anthony Dodgson have the intent required for murder? No, he did not,” Roulston told the jury.
“I'm asking you to find him guilty of manslaughter. He was intoxicated by drugs and alcohol to the extent that he could not see the consequences of his actions and that makes this manslaughter.”
A key Crown witness, who was in the car with the two men, testified that she had seen both of them with knives and they had discussed attacking Herblin in order to get back into his store.
Roulston said the woman, who cannot be identified, was also intoxicated and her testimony is unreliable.
Kim Ross, who is representing Holloway, told the jurors that the woman was lying to deflect blame from herself. He said Holloway was truthful in his testimony and had nothing to do with Herblin's death.
“Mr. Holloway did not kill anyone. Mr. Holloway did not participate in any altercation with Mr. Herblin,” Ross said in his closing.
“In no way, shape or form did Mr. Holloway commit the offence of second-degree murder or any included offence. Mr. Holloway's not guilty of anything. He's not guilty of murder. He's not guilty of manslaughter.
The trial, which was originally scheduled to last three weeks, is now entering its sixth week.
This report by The Canadian Press was first published April 6, 2022.
