Beltline beating murder trial has lawyers proposing 3 different verdicts
John Herrera Garcia died 4 months after being attacked in southwest Calgary
If defence lawyers involved in the John Herrera Garcia murder trial have their way, the jury will come back with a different verdict for each of the three people charged.
Garrett Smith, Jarod Henry and Chantelle Campbell are all on trial for second-degree murder for the 2012 Beltline beating death of the 49-year-old Calgary man.
Lawyers made their final arguments on Thursday.
Herrera Garcia was walking home with groceries when he was attacked.
Both Henry and Smith testified that they believed Herrera Garcia may have kicked their parked car after they yelled an insult at him. They said the three then chased after him.
Unlike the two others, Campbell never testified in her own defence and several witnesses gave evidence that she did the bulk of the kicking.
Henry told the jury he caused Herrera Garcia to fall down, kicked him once in the backside and walked away.
Smith said he never touched the victim and testified Campbell was kicking the man in the head and face.
Campbell's lawyer Pat Flynn told the jury they must decide on her intent and argued a manslaughter conviction would be appropriate rather than the charge she currently faces of second-degree murder.
Andre Ouelette argued his client should be found guilty of assault.
"No more, no less," he said, adding Henry never kicked Herrera Garcia in the head and did not have the intent required for a murder conviction.
"There is no evidence he had the intention to kill or harm Mr. Garcia," said Ouellette. "Bad choices do not make him guilty of murder or manslaughter."
Smith's lawyer Willy DeWitt argued for an outright acquittal, telling the jury his client didn't do any of the kicking.
Crown prosecutor Ken McCaffrey had the final word, telling the jury the three accused all had the intention for a murder conviction.
"Regardless of motive, you can be sure the three accused are all responsible for the death of Mr. Herrera Garcia and are all guilty of second-degree murder," said McCaffrey.
Flynn read a brief statement from Campbell to the victim's family, as Herrera Garcia's widow and sister-in-law have been in court throughout the proceedings. The statement says Campbell is "deeply remorseful" and "wishes the incident never occurred."
She cried in the prisoners box while it was read.
Deliberations will begin after the judge issues his final instructions to the jury tomorrow.