Crown calls on jury to ‘reject outright’ the testimony of alleged killer Dylon Duarte
On the night Tyquan Brown was killed, Dylon Duarte travelled to Sherman Avenue North with a plan.
But the defence and prosecution disagreed on what that plan was, the jury heard during closing arguments in Duarte's first-degree murder trial Tuesday.
Defence attorney Stephen White told the jury Duarte was trying to find his on-and-off girlfriend Hope Vankoughnett because he was worried she was drunk and would miss an important meeting over access to their young son the next morning.
But Crown attorney Jill McKenzie said Duarte made that up as a way to solicit a ride and help from friends; in reality he was upset Vankoughnett had told him they couldn't live together and was trying to get her to come back to him.
The motive in this case is controlling Hope," she said.
Over eight hours on May 30, 2019, Duarte sent Vankoughnett approximately 100 messages, ranging from loving, to apologetic, to threatening suicide. These messages are part of a pattern of behaviour of Duarte manipulating women in his life, McKenzie said. But one text message sent at 4:01 p.m. was different.
Like I'm going to hurt people you don't know like just some random person I want my family back."
White said that message was just 19 words among thousands texted that day and didn't amount to much.
McKenzie said this text message was a real threat and, when Duarte finally found Vankoughnett outside 180 Sherman Ave. N. around 12:20 a.m. May 31, he made good on that threat, running up to the group with his face covered, swinging a 12-inch bayonet, and plunging it into Brown's chest.
Witnesses described him saying, What's good? What's good? Want to get stabbed ... I'll kill you."
Duarte didn't know Brown, but his aunt and a friend told the court that Duarte told them he stabbed the biggest guy there. Brown, described as the nicest guy," was the tallest guy in a group of six people who had gathered at the Sherman address that night to watch a Raptors game.
Duarte denied confessing to anyone. His version of events contradicts every witness and all of the evidence, McKenzie said.
From beginning to end Dylon Duarte's evidence is incredible ... not capable of belief," she said.
At the time of the stabbing Duarte was prohibited from having contact with Vankoughnett and their son. He had been convicted of assaulting Vankoughnett with a Taser. He was also prohibited from possessing weapons.
Duarte said his friend Anthony Plaenk gave him the knife, but Plaenk testified it went missing around the time of the stabbing. Duarte enlisted Plaenk and his girlfriend - one of Vankoughnett's sisters - to help look for her that night.
When they found her outside 180 Sherman, Duarte said he jogged up and had a casual conversation with Vankoughnett before he was confronted by one of the guys in the group with a knife. Then he said Brown pulled out an extendable baton and struck him in the upper arm. The two struggled and Duarte fell back onto the road. Then he said was chased back to Plaenk's car.
He testified he did not stab Brown, but admitted it was possible" it happened by accident without him being aware.
White called on the jury to acquit Duarte. But, if jurors find Duarte did cause Brown's death, he argued it was self-defence.
White said the jury should reject the testimony of the witnesses who were there that night, pointing to inconsistencies about where people stood and other details. He said they were either intoxicated, had reasons not to be truthful - such as wanting to protect people in the group - or were not paying attention.
There is too much guessing" required to get to the Crown's position, he said.
But McKenzie said that the things those witnesses were inconsistent about were minor details in a quick and traumatic incident. What matters most is what they said that was the same, which is that a masked man ran up and was swinging a large knife.
During the chaos, one witness described seeing the knife make contact with Brown's chest.
None of the witnesses saw Brown with a baton and all described what happened as an unexpected and quick attack. No baton was found at the scene.
After being stabbed, a mortally wounded Brown ran into an alleyway and collapsed. He would not have had the ability or time to dispose of a baton or the bag Duarte said it came from. Duarte also described Brown as using his right hand, when Brown is left-handed.
Duarte never mentioned anyone else using weapons or assaulting him in the many text messages to friends and family after the incident.
McKenzie asked the jury to reject outright" Duarte's testimony from beginning to end."
The trial continues Wednesday with the conclusion of the Crown's closing arguments and the judge's charge to the jury.
Nicole O'Reilly is a Hamilton-based reporter covering crime and justice for The Spectator. Reach her via email: noreilly@thespec.com