Jurors will soon begin deliberating the fate of a Kamloops man charged with manslaughter in connection with a 2016 altercation outside a North Shore bar that left a fellow patron dead.
Lawyers made their closing arguments on Monday, March 11, in B.C. Supreme Court in Kamloops.
Sean Dunn, 42, was found dead on a sidewalk on Wood Street near Tranquille Road in the early-morning hours of Dec. 30, 2016. James David Bond, 30, is standing trial on a charge of manslaughter.
Court has head the two men were among a number of people drinking at The Duchess in the hours leading up to Dunn’s death.
Last week, witnesses described Dunn badgering Bond’s girlfriend, Sarah Hupe, throughout the night.
In his testimony, Bond admitted he punched Dunn three times in the head and left him unconscious. He said Dunn had been harassing Hupe, pushed a pool cue into her crotch and grabbed her breast.
According to Bond, Dunn had his hand on Hupe’s breast when he punched him.
Hupe also took the witness stand, confirming Bond’s version of events.
On Monday, defence lawyer Don Campbell said his client was protecting his girlfriend and stopping a sexual assault in progress — both defences under the law — when he punched Dunn.
“Mr. Bond was pushed to his limit — pushed beyond his limit — by Mr. Dunn’s constant harassing behaviour of his girlfriend,” Campbell said.
A bouncer from The Duchess testified last week he had to separate Dunn from the group, including Bond and Hupe, multiple times throughout the night and after the bar closed. Bond said he tried repeatedly to talk to Dunn and tell him to leave them alone.
Campbell described Dunn as being “a moth to a flame” in his persistent attraction to Hupe throughout the night.
“Is it reasonably possible that Sean Dunn grabbed Ms. Hupe’s breasts? If so, I believe you will find that James Bond acted to protect her or to stop that action. That was the only reasonable action left for him,” Campbell told the jury.
Crown prosecutor Frank Caputo urged jurors to question the reliability of the testimony of Bond and Hupe.
“Use your common sense,” he said. “Look at the evidence as a whole.”
According to Caputo, the attack on Dunn was motivated by “jealousy and anger.”
“Was this protection or revenge? Was it reaction or over-reaction?” he asked. “I leave those questions with you.”
According to Campbell, Bond’s actions were not those of a jealous boyfriend.
“This isn’t about jealousy,” he said. “Jealousy is when your girlfriend is flirting with some guy who’s flirting with her. That is simply not the case. … He’s angry, but he’s entitled to be angry while he’s protecting his vulnerable girlfriend. It would be bizarre if he were not angry.”
Jurors are expected to begin deliberations as soon as Tuesday.
More than a dozen of Dunn’s family and friends were present for every day of Bond’s six-day trial. About a half-dozen of Bond’s supporters have filled seats in the other side of the court gallery.