Manslaughter charge withdrawn in stabbing death of Hamilton teen

Charges of manslaughter and assault with a weapon have been withdrawn against Tae Yoon (Dan) Park, nearly two months after his co-accused was acquitted on the same charges in the stabbing death of a 17-year-old boy.

The teen victim, who cannot be named because of a publication ban, died after being stabbed in the heart inside his friend's car near Bruleville Park on the Hamilton Mountain on Dec. 7, 2018.

Court heard the victim and friends planned to rob their drug dealer, then 18-year-old Dawson Farr, of nearly 14 grams of cocaine, in what they naively thought would be an easy grab.

At his judge-alone trial this year, Farr testified that he pulled out a knife because the victim and his friend, Jacob Vogl, were armed with what looked like a black handgun and an extendable baton. He thought he and Park were going to die. The gun was actually a BB gun painted black to look realistic.

Farr said he did not remember the actual stabbing, but recalled the knife suddenly being in the 17-year-old victim's chest. Vogl also somehow suffered minor injuries during the chaos.

Ontario Court Justice Amanda Camara found Farr acted in self-defence and was not guilty of manslaughter and assault with a weapon.

I find Mr. Farr's actions were reasonable in the circumstance," Camara said in her May 17, 2021 decision. She found the teen victim had the baton and Vogl had the BB gun.

Vogl testified at the trial that the weapons were in the car, but not wielded. Camara found him not credible.

Park, who was 27 at the time, was part of a group of friends that Farr lived and worked with at an Ancaster restaurant. He went with Farr for the drug sale that day. Park was not armed and did not stab anyone.

He testified at Farr's trial that he knocked the BB gun out of someone's hands in the car and fled carrying the BB gun and baton.

In court July 12, assistant Crown attorney David King said Farr was the primary accused and Park was considered a party to the offence. Given what happened in court with Farr, it would be unfair" to proceed with charges against Park.

The Crown considered appealing Farr's acquittal, but ultimately the Crown law office in Toronto opted not to, King said. The Crown can only appeal because of legal errors.

Part of King's argument at trial was that even if Farr acted in self-defence, the court could still find him guilty of unlawful act manslaughter - when someone is killed in the commission of a criminal offence where serious bodily harm is foreseeable. In this case, he argued that violence is reasonably foreseeable when someone sells drugs.

In court Monday, King said the Crown believes there is a need for the court to clarify unlawful act manslaughter.

However, this is not the case to do it."

At trial, Farr was found guilty of trafficking cocaine, something he admitted. He is expected to return for sentencing in late September or early October.

Park still faces a drug trafficking charge. He returns to court Sept. 20.

Nicole O'Reilly is a Hamilton-based reporter covering crime and justice for The Spectator. Reach her via email: noreilly@thespec.com