The girlfriend of one of the accused in the beating death of Andrew Mixemong testified in court on Tuesday.
Mercy Maitland witnessed the fight between her boyfriend, Jessy Herlichka, and Mixemong on July 6, 2012, outside a Midland deli.
Maitland told the court that Mixemong was the aggressor and that when she and Herlichka tried to walk away from the fight, Mixemong attacked again.
"He did not allow this fight to stop and once again was the aggressor," she said in court.
Maitland testified both men were rolling around on the ground, throwing punches and kicks, but she doesn’t remember who kicked who. Mixemong later died in hospital from his injuries.
Maitland also testified that earlier in the day, she had been drinking and using drugs with Herlichka and co-accused Paul McClung and because she was intoxicated, she doesn't remember everything that happened during the time of the fight.
However, the Crown isn't buying Maitlands testimony, suggesting she is trying to protect Herlichka by exaggerating how intoxicated he was and is also minimizing the beating he gave Mixemong.
Herlichka has testified he doesn’t remember the fight with Mixemong because he was drunk and high on drugs, but wants to plead guilty to manslaughter.
During the Crown’s cross examination, Maitland insisted she is telling the truth and is not lying to help Herlichka's defence.
Both Herlichka and McClung have pleaded not guilty to second-degree murder.
