A trial has started in a Barrie courtroom for two men charged with second-degree murder in the death of a well-known aboriginal leader.
Family and friends of Andrew Mixemong hugged each other outside the Barrie courthouse on Monday – many still looking for answers about his death.
“I was the last one to see my brother alive, he took me everywhere,” says Wayne Mixemong. “We spent the better part of our lives on Pow Wows and you know with my whole family.”
They were in attendance, as the trial of Jessy Herlichka and Paul McClung officially got underway.
Mixemong, 59, was a well-known native leader who worked at the Georgian Bay Friendship Centre. In July of 2012, he was beaten outside of a deli in Midland. Mixemong later died in hospital. On Monday, the courtroom was packed as the trial officially got underway.
Herlichka and McClung are both facing second-degree murder charges.
The judge instructed jury members about their role. The Crown attorney also presented his opening remarks. In his opening statement, the Crown said that the jury will hear how Herlichka punched, kicked and manhandled the victim. The Crown went on to say that McClung is "Just as liable for the death because he prevented bystanders from stepping in.”
Lawyers representing Herlichka say they don't deny their client was involved in hurting Mixemong, but they don't believe he meant to kill him.
“He has pled guilty to manslaughter in this matter and as such has admitted to partaking in the killing of Mr. Mixemong, the issue here is one of intent and whether or not he intended to do so,” says Robert Richardson, Herlichka’s defence lawyer.”
The other defence lawyer says his client, McClung, was not involved.
“The Crown's theory is that he was aiding and abetting and our view is that's simply not the case,” says Chris Hanson, McClung’s defence lawyer.
The trial is scheduled to last six weeks. The Crown says they expect to call as many as 20 witnesses to testify in the coming days, including eye witnesses and doctors.
