Defence argues it was Winnipeg Transit driver, not accused, who produced weapon during fatal altercation - Action News
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Manitoba

Defence argues it was Winnipeg Transit driver, not accused, who produced weapon during fatal altercation

Lawyers representing a 24-year-old who stabbed a Winnipeg Transit driver to death in 2017 told jurors on Wednesday their client acted in self-defence.

Crown asks jury to reject argument Brian Thomas acted in self-defence in death of Irvine Jubal Fraser

A screenshot from a video showing the confrontation between Winnipeg Transit driver Irvine Jubal Fraser, left, and Brian Kyle Thomas, taken on board Fraser's bus on Feb. 14, 2017. (Court exhibit)

Lawyers representing Brian Thomas, a 24-year-old who stabbed a Winnipeg Transit driver to death in 2017,told jurors Wednesday he acted in self-defence.

Brian Thomas is fighting a second-degree murder charge in the death of Irvine Jubal Fraser. The 58-year-old was stabbed to death just before 2 a.m. on Feb. 14, 2017, at the University of Manitoba's Fort Garry campus, during an altercation that followed his attempts to get Thomas off the bus.

In his closing address at the jury trial on Wednesday, defence lawyer Evan Roitenberg alleged it was Fraser who first produced a weapon a knife, scissors or some other sharp object and Thomaspicked it up off the ground when Fraser dropped it.

"[Fraser] had control until Brian reached for an item on the ground," said Roitenberg.

It's a heavyweight against a lightweight if I ever saw one.- Defence lawyer EvanRoitenberg

Fraserwas much larger than Thomas, the court heard. Fraserwas 6-2and 240 pounds, while Thomas is around 5-5 with a slight build.

"It's a heavyweight against a lightweight if I ever saw one," Roitenberg said.

A knife was found near the scene, Thomas's trial heard. Defence lawyer Evan Roitenberg argued Wednesday it was Fraser who first produced a weapon in the altercation that led to his death. (Court exhibit)

The defence lawyer said there's no doubt Thomas stabbed Fraser, which he called a tragedybut it was Fraser who escalated the confrontation, he alleged.

Roitenbergurged the jury towatchvideo taken on board Fraser'sbus the morning he was stabbedframe by frame. In shadows cast by streetlights, he said, they can see Fraser's left arm outstretched and Thomas trying to block him while the two struggled outside the bus.

During the closing address, Roitenburg said cuts on Thomas's right ear, which required stitches, were notfrom being dragged along ice during his arrest, but from the sharp object he saysFraser was wielding.

Accused lured driver into fight: Crown

Crown prosecutorKeith Eyrikson, who presented his closing address before Roitenberg, pressed the jury to reject the self-defence argument.

Thomas lured Fraser to fight so he could stab him and get revenge for being kicked of Fraser's bus, Eyrikson argued.

Video surveillance taken on board Fraser's bus and Bus 806a second bus that pulled up behind Fraser's at the U of Mshows two phases of a confrontation between the two men.

The video from the second bus was not released to media.

The video fromFraser's bus shows the driverbecomingangry after asking Thomas to get off his bus multiple times. Eyrikson said Fraser asks Thomas to leave 25 times.

When Thomas refuses to budge, Frasergrabs him and forcefully pushes him of the bus.

Thomas then taunts and spits on Fraser, whothen pursues Thomas outside the bus. Fraser can be seen beingstabbed seconds later.

Being kicked off the bus shouldn't engender murderous rage.- Crown prosecutorKeithEyrikson

In the Bus 806 video, which is much more grainy and difficult to make out, two men can be seen in a struggle. One seems to make swinging motions.

"This case is not about what happens on the bus, it's about what happens off the bus," said Eyrikson.

"The accused wants [Fraser] outside so he could hurt him."

Eyriksonalso argued Thomas had relatively few injuries, and that no witnesses testified at trial they saw Fraser hit or strike Thomas.

The Crownasked the jury to reject the idea Thomas was provoked andconvict him of second-degree murder, not the lesser charge of manslaughter.

"Being kicked off the bus shouldn't engender murderous rage," the Crown said.

Justice Glenn Joyal told the jury to return to court Thursday morning to receive their instructions before they begin deliberations.

Thomas's trial began on Jan. 21 at Winnipeg's Court of Queen's Bench.