'He simply had had enough of Susie': Prosecutor says Scott Ferguson guilty of murder as deliberations begin
Ferguson's lawyer argues client guilty only of manslaughter
A tumultuous relationship between two troubled lovers ended with a hateful act of murder, prosecutor Jonathan Hak told jurors in his closing arguments, while Scott Ferguson's lawyer said his client should only be found guilty of manslaughter.
"These are people who hated each other but loved each other," said Hak.
Jurors, who are now sequestered for deliberations until a verdict is reached, heard five days of testimony in Scott Ferguson's second-degree murder trial.
Ferguson stabbed Elko in the neck 10 times during an argument in her apartment in Sept. 2014.
The defence isn't disputing Ferguson killed Elko, but is instead arguing the issue of intent.
"This was not an 'oops I slipped,'" said prosecutor Jonathan Hak on Tuesday. "This was an 'I have had it up to here with you, I want you dead.'"
The couple dated for about a year starting in 2013. He was a 24-year-old roofer. She was 39 and worked as a part-time server downtown.
On Sept. 14, 2014, the pair went fishing on the Elbow River but began to argue. Back at the apartment, the fight got physical and ended with Ferguson stabbing Elko 10 times in the neck with a knife she'd given him as a birthday gift.
Lawyers from both sides made their final pitches to jurors on Tuesday before Justice Glen Poelman gave them his final instructions on how to apply the law.
Hak told the jury they must choose between finding Ferguson guilty of manslaughter or murder.
"[Ferguson] acted out of anger," said Hak. "He simply had had enough of Susie."
Hak said the accused wasn't suddenly provoked to kill Elko, but rather decided her death was the way to end the relationship.
Ferguson 'lost control': lawyer
Defence lawyer Balfour Der said his client did not intend to kill Elko so he is only guilty of manslaughter.
Elko's injuries could have been inflicted in less than 10 seconds and tell the story of a frenzied attack, Der told jurors.
The killing was a "mindless act done in the heat of passion without thought or the foreseeability of consequences," said Der who called Scott Ferguson's statement to police made in the hours after the killing "unscripted and unrehearsed."
"It was raw."
Der said when Ferguson told police he "lost control" it supports his argument that his client was provoked.
'You go for the kill'
The couple had a history of domestic abuse — each guilty of getting physical with the other according to text messages between the two.
In an interview with police after his arrest, Ferguson said the couple had been fighting a lot in the months leading to Elko's death.
He said she would scream, accuse him of cheating, slap and punch him. Text messages suggest Ferguson was violent with Elko as well.
"No more beast ever again," Ferguson texted after a physical fight.
"You don't reason, you go for the kill," Elko responded.