Lorraine Ashkenase was the only person to testify on Friday in the trial of two men accused of killing her husband, Andrew Mixemong.
Ashkenase told the court Mixemong was at Dino's Restaurant in Midland on the evening of July 12, 2012 to pick her up after closing.
“He was a very humble man. He was a very humble individual,” she says.
Ashkenase testified one of the accused, Jesse Herlichka approach her as she was taking the garbage out by the back door and asked for some salads. When she told them the restaurant was closed, she says he became angry and started rattling at the back door.
Moments later, Mixemong arrived with his small dog in his arms. After having a beer poured on his head, Ashkenase says Mixemong was then knocked to the ground by Herlichka.
She says his eyes looked dazed and unfocused and he then got angry and roared loudly and then kicked Mixemong in the bottom part of his stomach as he was on the ground.
The Crown showed the jury video surveillance footage from outside the building that caught some of the incident. The video doesn't show it, but court heard Mixemong was knocked to the ground on three separate occasions – he did not get up after the third attack. The 59-year-old later died in hospital.
Herlichka and Paul McClung both face a charge of second-degree murder. According to his lawyer, Herlichka is willing to plead guilty to manslaughter – McClung has pleaded not guilty.
Ashkenase says it's been a tough couple of years waiting for the trial to start.
“It’s very sad. I'm still dealing with living without him.”
Ashkenase says she will not be back for any of the remainder of the trial.
