Moncton jury begins deliberations in casino manslaughter trial
The 12-member jury received final instructions Tuesday afternoon from Justice Christa Bourque, including how to apply the law in the case and which charges can be considered.
After three weeks of testimony related to the death of Rodney Frenette, Bourque said the jury could return with a verdict of manslaughter, but that aggravated assault is also on the table.
"Your only responsibility is to determine whether the Crown has proven Michael Glaspy guilty beyond a reasonable doubt," Bourque told the jury.
Extensive video surveillance footage and testimony from 19 witnesses detailed an altercation between Glaspy, 53, and Frenette, 56, that took place at Casino New Brunswick on March 4, 2023.
It's alleged Glaspy assaulted Frenette, who was food and beverage manager at the casino. Video footage showed the interaction between the two ended with Frenette hitting his head on the floor of the Hub City Pub. He died 24 days later in hospital.
Glaspy was charged with manslaughter, a homicide that's committed without intent to kill a person, in April of 2023.
To return a guilty verdict of manslaughter, the jury must consider whether the Crown has proven that Glaspy's actions "contributed significantly to Mr. Frenette's death," Bourque said.
The jury should only find Glaspy guilty if they can be sure that he intentionally applied force to Frenette without his consent, Bourque explained.
She also said the jury should consider whether anything that happened after Glaspy's actions on March 4 contributed to Frenette's death, and if it renders Glaspy's actions insignificant in his death.
"Then, according to our laws, Michael Glaspy did not cause Mr. Frenette's death," she said.
In Canada, manslaughter carries a maximum sentence of life in prison. A minimum sentence can vary based on the circumstances of the crime.
Aggravated assault also on the table, justice says
In court Tuesday, Bourque told jurors they should also consider aggravated assault as a lesser offence if they do not believe the Crown has successfully proven manslaughter.
Aggravated assault is more serious than assault, and constitutes actions that cause severe bodily harm or endanger a person's life.
For the jury to return with an aggravated assault verdict, they must consider whether the Crown has proven that Glaspy "contributed significantly to the wounding or to the endangering of Rodney Frenette's life," as well as all the other elements of assault.
Bourque told the jury that Glaspy's intoxication on the day of the altercation is not a suitable defence in his case.
Jury reminded of Frenette's fall in hospital
Bourque's instructions, which spanned several hours Tuesday afternoon, also included a summary of some of the evidence the jury heard during the trial.
Bourque reminded the jury about the testimony of both the neurosurgeon who treated Frenette in a Moncton hospital and the pathologist who performed Frenette's autopsy.
She said their testimony revealed they both knew about a fall Frenette took on March 16, 2023, during his recovery in the hospital, which they read about in nurses' notes from the hospital.
Bourque told the jury the notes were not admitted as exhibits in the Crown's case, which means they are not considered evidence.
She reminded the jury to question the testimony of each witness they heard, to ask themselves whether they are reliable and to consider how much time has passed between the altercation and witness testimony.
When it comes to the video surveillance detailing how the initial altercation unfolded and what took place afterward, Bourque told the jury to re-watch the footage as many times as it takes.
"It is your interpretation of these videos that counts," she said, adding that they should rely on what they think they see on the video and not what witnesses have recalled about details like whether Glaspy landed a punch to Frenette and who started it.
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