The high profile murder trial of Jessy Herlichka and Paul McClung is approaching its end, as final submission got underway in a Barrie courtroom.
The two accused sat as far away as possible from each other in the prisoner's box on Monday. Herlichka and McClung both face second-degree murder charges in the death of Andrew Mixemong.
“Second-degree murder comes with life imprisonment, no change of parole for 10 years,” says McClung’s lawyer, Chris Hanson.
On July 6, 2012, the two men went to Dino's Deli in Midland and demanded food even though the store had closed.
Mixemong was there in the parking lot to pick up his wife, who worked at the deli, when a fight broke out. Herlichka has acknowledged that he beat up Mixemong, 59, who later died in hospital.
The Mixemong family has been in the court nearly every day during the 10 week trial.
“We've been in and out of court for two and a half years and this trial is taking its toll. It’s very stressful,” says Kimberly Mixemong.
In closing submissions, the Crown said, "The attack was concerted and purposeful."
However, Herlichka's lawyer said his client was so drunk and high, there was no way he meant to kill Mixemong because he was incapable of thinking critically.
“He can't even stand up; he was able to fight, he got into a fight, his adrenaline kicked in and he went nuts,” says Herlichka’s lawyer, Robert Richardson. “He didn't know what he was doing; he didn't mean to kill anyone.”
Herlichka has entered a guilty plea to manslaughter, but the Crown did not accept it. The Crown says it is second-degree murder.
McClung allegedly aided and abetted his friend and that's why he was charged. His lawyer says there's no way his client could have known what Herlichka intended to do.
“He said things, and he shouted encouragement to his friend, and he may have stopped other people from getting involved, but what was his point? What was he trying to do? Was he trying to help his friend commit murder or was he backing up his friend in a fight? How did he know his friend was trying to commit murder? His friend was drunk, trouble jumped off like that, so where's the evidence he knew his friend was committing murder?” says Hanson.
The jury still has yet to be charged by the judge, but will likely begin deliberating by the end of the week.