Graphic evidence has been presented in the murder trial of two men accused of killing a well-known native leader.
Members of the jury this week heard a frantic 911 call made the night Andrew Mixemong was beaten outside a deli in Midland. In it, a woman can be heard screaming, “Stop, stop! You’re killing him.”
That night, Randy Mortley was working at the deli as a dishwasher. Mortley told the court on Thursday that two men came to the back of the deli asking for food.
Mortley told the court that Mixemong, who was there to pick up his wife, came over and asked the two men to leave. Mortley said one of the accused, Jessy Herlichka poured beer on Mixemong's head and then a fight broke out between them.
Mortley said he tried to get Herlichka off of Mixemong, but the other accused man, Paul McClung told him to stop.
"The short guy said, ‘I will kill you! I will kill your mother!’," Mortley said.
Mortley also testified that Herlichka punched, kicked, and stepped on Mixemong's face, and that there was blood everywhere. The 59-year-old later died in hospital.
Defence lawyers argued that there were some inconsistencies with Mortley's testimony, and that what the witness says he remembers might not be completely accurate.
“You saw with this witness he was shown a video tape, how will that affect the way he remembers things,” says Robert Richarson, Herlichka’s lawyer.
According to his lawyer, Herlichka is willing to plead guilty to manslaughter, but the Crown is seeking a conviction of second-degree murder. McClung is also facing a second-degree murder charge. He has pleaded not guilty.
On Friday, it's expected that the other person who was working at the deli that night will take the stand.
The trial is scheduled to last until the end of March.
