November 7, 2012
Ottawa man accused of slaying roommate didn't have murderous state of mind: Defence
By Megan Gillis, QMI Agency
OTTAWA - Toby Land “snapped” after Dominic Doyon pulled out a sword when Land confronted him about having sex with a 15-year-old girl, the defence argued at his second-degree murder trial Wednesday.
Land, 28, is guilty of manslaughter but didn’t have the state of mind for murder on May 4, 2009, Anne Weinstein contended in closing arguments.
Land exploded in “a crescendo of fear and hatred,” unleashing a “rain” of blows with a hammer on his roommate in their Murray St. apartment, Weinstein argued.
But it was a third roommate, Carl St. Cyr, who stabbed Doyon with his own sword and beat him with a pair of crutches.
“The evidence in this case is completely consistent with Toby acting instinctively, in the sudden excitement of the moment, and without thinking about the consequences of his actions after a sword was suddenly brandished against him by someone who he regarded as a child predator,” Weinstein said.
“To put it another way, he snapped and lost control.”
It happened in the context of the at least eight beers he’d had that night, his mild brain damage and the sexual abuse he’d survived during his hellish childhood which left him with post-traumatic stress disorder, Weinstein said.
While Land and St. Cyr, who pleaded guilty to manslaughter, both told police that it was Land who stabbed Doyon with the sword, both changed their story at Land’s trial, saying it was really St. Cyr.
The older, smarter and more sophisticated St. Cyr’s confession was convincing in its “chilling” detail, Weinstein said.
For Land to be convicted of second-degree murder, the Crown has to prove that he intended to kill Doyon or to cause him bodily harm he knew was likely to cause death.
Doyon’s dozens of injuries and the blood-spattered apartment show it was a “frenzied” attack that are “just not consistent with that level of organized intention,” Weinstein said.
The Crown will make closing arguments Wednesday afternoon.