THUNDER BAY – Neither a past sexual assault conviction nor the events that may have led up to the December 2014 death of Richard Spence excuses the killing of the 62-year-old man, argued a Crown prosecutor during the opening of the trial for the two suspects charged with murder.
The trial of Monica Spence and Daniel Debassige, each facing a count of second-degree murder in the homicide, got underway Tuesday morning at the Thunder Bay Courthouse with the beginning of the Crown’s case.
During his opening address to the 12-member jury who will decide the case, Crown prosecutor Rob Kozak acknowledged Richard Spence had a prior conviction of sexual assault against Monica Spence but said the case is solely about the death of the victim.
“Richard Spence did not deserve to die, no matter what he is accused of doing,” Kozak said.
The introduction to the Crown’s case against the two suspects lasted a mere 15 minutes. Kozak told the jury the key question of the trial will likely be whether the actions of the two defendants meet the definition of self-defence.
Spence was found dead in the bedroom of his Secord Street apartment during the early morning hours of Dec. 21, 2014.
Forensic pathologist Dr. Kona Williams testified a combination of facial injuries from blunt force trauma, alcohol intoxication, blood in the airways and heart disease all led to the death of Spence.
Photos of the crime scene were shown to the court on a large projection screen, where Spence was seen lying face down in a pool of blood. Williams said the prone position likely led to Spence breathing in blood from the floor, in addition to bleeding from the injuries.
The blunt force trauma led to bleeding and soft tissue swelling, which was made more severe by Spence being in a prone position that compromised his breathing.
“All of these combined impaired his ability to breathe,” Williams said.
Autopsy photos showed Spence with both eyes appearing to be swollen shut and numerous cuts and bruises all over his face. The pathologist said there were 74 separate injuries identified on the body, 44 of which were in the head and neck area including a broken nose and two damaged teeth.
The victim’s face was “very swollen and distorted,” Williams said.
Williams said the combination of the injuries and pre-existing “severe” heart disease as well as decreased oxygen supply from the blood supply in the airways led to fatal arrhythmia. As well, intoxication with a blood alcohol content of 0.27 further incapacitated Spence.
Under cross-examination from Christopher Watkins, Monica Spence’s defence lawyer, Williams said the injuries all occurred “around the time of death” though she could not narrow it down beyond taking place within 18 hours of death.
The pathologist also said it was possible some of the injuries could have been caused by something such as a fall, and that others could have been caused by a foot.
Williams also agreed with a suggestion by Francis Thatcher, the lawyer for Debassige, that not one of the factors on its own would have led to Spence’s death but was part of the “unique circumstances” of that night.
The first witness to take the stand – Edward Finlayson – arrived at Spence’s apartment that night looking for a place to stay. He knocked on the doors and windows but was not answered, before finding the door open. After going inside he saw blood on the floor.
Finlayson testified he went to the OLG Casino Thunder Bay, where he met Spence’s cousin Louis Wesley and sister Shirley Van Dine. Before leaving the casino, Van Dine called 911 at 1:53 a.m. with the audio from the call played for the court. The three then returned to the apartment, where they found Spence unresponsive with emergency responders arriving shortly afterwards.
“I just kept calling him and I knew something was wrong,” Van Dine tearfully testified.
Van Dine said she and Richard Spence were "second or third" cousins to Monica Spence. She was aware of the two spending time together following the sexual assault conviction and had urged each to avoid the other.
Kozak is expecting to call 20 witnesses before the defence presents their case. The trial resumes Wednesday.
