One of the two men on trial for the death of Midland native leader Andrew Mixemong took the stand in his own defence on Monday.
Jessy Herlichka testified on Monday in a Barrie court that he doesn't remember beating Mixemong to death outside a Midland deli on July 6, 2012. He told the jury he was drunk and high on drugs and had blacked out before the altercation with Mixemong.
It wasn't until the next day when he woke up at the police station that Herlichka said he learned he was charged with second-degree murder.
"I was so shocked," he says. "I didn't know what I'd done."
Herlichka couldn't explain why he beat Mixemong to death or why he was at Dino's Deli with Paul McClung, who is also on trial for second-degree murder
Herlichka told the jury he began drinking in the morning before going to his job as a roofer; continued to drink in between jobs and later at a friend’s house. He also admitted to smoking marijuana and using prescription drugs that day.
He told the court he started abusing alcohol and drugs as a teenager and had a history of blacking out, but never sought treatment.
After seeing and hearing the evidence against him, Herlichka told the jury he wants to plead guilty to manslaughter.
"I just want to take responsibility for what I did. It’s horrible. It doesn't bring Mr. Mixemong back, but it's all I can do."
At one point, Herlichka read a letter he wrote for the court and Mixemong's family. He repeatedly apologized for causing Mixemong’s death and said he deserves whatever punishment he will receive. As soon as Herlichka began to read his letter, Mixemong’s family stormed out of the court room.
“I didn't want to hear someone making a lie that's given him two and a half years to fabricate,” says Wayne Mixemong, the victim’s brother.
McClung has pleaded not guilty to second-degree murder. His lawyer hasn't said if McClung will testify.
The Crown won't accept Herlichka's guilty plea for manslaughter and is seeking a second-degree murder conviction. The Crown will have a chance to cross examine Herlichka on Tuesday.