One of two men accused of killing Midland native leader, Andrew Mixemong was back on the stand on Tuesday, where prosecutors cross-examined Jessy Herlichka.
The Crown argued that Herlichka is exaggerating how drunk and high he was when he beat Mixemong to death outside a Midland deli in order to help his case.
"The truth is you exaggerated your alcohol consumption," said Crown attorney Kevin Sisk. “Since the time of your arrest, you created this scenario of intoxication.”
Herlichka responded to Sisk by saying, "That’s pretty far from correct, I wouldn't exaggerate that."
Herlichka is facing a second-degree murder charge, along with Paul McClung, but Herlichka wants to plead guilty to manslaughter.
He testified he doesn’t remember the altercation with Mixemong because he blacked out after drinking excessively, smoking marijuana and taking prescription drugs throughout the day. However, the Crown is disputing how intoxicated Herlichka really was. The Crown argues Herlichka appeared physically capable during the assault captured on a surveillance camera.
"As drunk as you say you were, you had no difficulty manhandling Andrew Mixemong," said Sisk. Herlichka responded, "I don’t disagree, I'm the one on the video. I don’t know what I actually did."
"You agree, it’s apparent that your mind is functioning," the Crown asked. Herlichka answered, “It would have to be for me to be walking around and communicating with people."
Herlichka also testified that earlier that day he was drinking at a friend’s house, where he also bought and consumed narcotics and that friend also witnessed the beating of Mixemong.
The Crown alleges Herlichka didn’t buy narcotics and suggested to Herlichka it’s a story he and his friend, "Came up with to exaggerate your intoxication." Something Herlichka said "It’s not true."
At one point, the Crown suggested Herlichka is in denial, but he said that's not true and while he says he can't explain his actions, he insists if he was sober he wouldn’t have beaten Mixemong to death.
