Judge to decide if second attack in 30 minutes killed Peguis man

Henry Kipling died after he was violently assaulted and robbed by two people in separate attacks less than half an hour apart.

Now a judge is being asked to decide if Kipling's second-attacker, 24-year-old Travis Chief, should be convicted of manslaughter or whether an assault minutes earlier caused Kipling's death.

The 43-year-old Peguis First Nation resident was in Winnipeg for a wedding social Feb. 27, 2016 when he was assaulted in the liquor vendor of the Northern Hotel.

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Hotel security video shows a woman punching Kipling in the head, before a hotel manager escorts her out the door. Minutes later, Kipling was leaving the hotel with a case of beer when the same woman punched him in the head again, causing him to fall and knock his head on the pavement. Kipling was helped to his feet only to be punched by the woman a third time, causing him again to fall and knock his head on the pavement.

Kipling did not appear to lose consciousness and quickly regained his footing, court heard Friday.

Twenty-seven minutes later Kipling was waiting for a taxi when Chief allegedly threw Kipling to the ground, grabbed his case of beer and ran away.

"On the video, the victim's head can be seen to bounce off the pavement, striking the back of his head twice," said Crown attorney Geoff Bayly. "It is clear that from the body language on the video that Kipling was not expecting Chief's attack."

"Cannot ignore" first attack, but

Kipling was knocked unconscious and had not moved when police arrived 10 minutes later. He was rushed to hospital where he underwent an emergency craniotomy. He died later that day.

"We cannot ignore the fact that Mr. Kipling was attacked prior to the robbery by another individual, however, regardless of the earlier incident, the law is clear that Mr. Chief must take his victim as he finds him," Bayly said.

"Mr Chief found his victim intoxicated, with one leg substantially shorter than the other and having been the victim of an assault within the previous half hour. By throwing a man in Mr. Kipling's condition to the ground, such that his head twice bounces on the pavement Mr. Chief further victimized Mr. Kipling and significantly contributed to his death."

Jenna Traverse, arrested for the first attack on Kipling, has been charged with aggravated assault and remains before the court.

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Defence lawyer Saul Simmonds argued the brain swelling that ultimately killed Kipling was caused by the earlier attack. While Kipling may have appeared to shake off the first assaults "the issue is not the blow, but the swelling of the brain due to head trauma," Simmonds said.

According to doctors who testified in court, Simmonds said, "a person can get up, they don't know the extent of the damage that has been caused to them. That's when the swelling begins."

Bayly said the court "need not determine who is more responsible for the death," only that Chief's actions were a "contributing cause" of Kipling's death.

Judge Rob Finalyson reserved his decision to a later date.