CALGARY — The fate of two men accused in the fatal stabbing of a well-known Calgary chef is now in the hands of a jury.
Anthony Dodgson and Tommie Holloway have both pleaded not guilty to second-degree murder in the March 14, 2020, death of Christophe Herblin. He died after being stabbed outside his soon-to-be-opened café.
The Crown contends the two men broke into the restaurant with plans to break through the wall into the adjacent cannabis shop. They fled when a car drove into the parking lot.
After police were called and eventually left, Herblin maintained a vigil outside his business. The two accused came back later with plans to continue their robbery attempt but were frustrated because he didn't leave.
The prosecution says Holloway smashed Herblin's car windows in order to lure him back into the parking lot where he was attacked.
Dodgson is accused of stabbing Herblin nine times but said he only remembers being involved in a scuffle because he was high on drugs and alcohol at the time.
His lawyer said her client has no memory of the stabbing but admits he is guilty of manslaughter.
Holloway testified there was never a plan to attack Herblin, and, although he had smashed the chef's car windows, he left before the attack. His lawyer has told the jury that Holloway had no part in the chef's death.
Justice Blair Nixon delivered an eight-hour charge to the jury that wrapped up late Friday night on how to approach deliberations and determine if both men are guilty as charged.
"Your duty as jurors is to assess the evidence impartially," said Nixon.
"As a juror and judge of the facts in this case you are asked to judge the evidence presented at the trial, fairly without bias, prejudice sympathy or partiality. As jurors, you must approach this case with an open mind."
A key Crown witness, who was in a car with the two men, testified that she had seen both of them with knives and they had discussed attacking Herblin in order to get back into his store.
Nixon urged the jury to use common sense when trying to come to a conclusion about what testimony to believe during deliberations.
"Remember this is not a credibility contest. You do not have to choose one of the conflicting versions as true," he said.
"There is no magic formula for deciding how much or how little to believe of a witness's testimony or how much to rely on it in deciding this case."
Nixon said the jury needs to be sure of guilt beyond a reasonable doubt.
"You must not find Mr. Dodgson guilty unless you are sure he is guilty even if you believe Mr. Dodgson is probably guilty or likely guilty that is not sufficient," he said.
"You must not find Mr. Holloway guilty unless you are sure he is guilty even if you believe Mr. Dodgson is probably guilty or likely guilty that is not sufficient."
The trial has been running for six weeks.
This report by The Canadian Press was first published April 8, 2022.
Bill Graveland, The Canadian Press
