The defence attorney for a man accused of manslaughter has asked the jury to put themselves in the shoes of the defendant.
Kesley Jacob, 35, is charged with manslaughter in connection with the beating death of 53-year-old Barney Beaver. Day 5 of the trial opened Tuesday with the Crown and defence attorneys offering closing submissions.
Jacob's lawyer George Joseph told the court that his client engaged in a physical altercation because he wanted to get his spouse out of danger. He asked the jury,what they would do if they came across an unimaginable site, like the one Jacob did when his wife was being sexually assaulted.
Jacob testified Monday at the Superior Court of Justice that he and his common-law wife spent the evening of Dec. 16, 2011 with Beaver having drinks in his hotel room at the Victoria Inn before going down to the Chicago Joe's restaurant.
They later returned to Beaver's room and then Jacob stepped out for a cigarette with another man, leaving his wife alone with Beaver.
When Jacob returned, he testified that he found Beaver "violating" his wife. That's when the physical altercation between the two men occurred.
Beaver was found unconscious in the room the next morning and died in the hospital about a week later.
Joseph said the altercation between the defendant and victim only took a few seconds. He reminded the jury that the defendant did not use a weapon, adding that he anticipated that his client's decisions were made in the heat of the moment.
Meanwhile, Crown attorney Robert Kozak told the jury that Jacob should have just left it at one shove. Instead, the Crown said the defendant continually punched and slapped Beaver's head and face, acts that did nothing to protect his friend.
Kozak added Beaver was so intoxicated he wasn't in a condition to protect himself.
The case has been adjourned to Thursday when the judge will deliver the charge to the jury before they deliberate a verdict.
None of the charges against Jacob have been proven in court.
--With files from Courtney Rutherford/ TBT News