Plan to rip off drug-dealer led to 17-year-old Hamilton boy’s stabbing death
More than two years ago a 17-year-old Hamilton boy and his friends planned to rob their drug dealer of $800 to $850-worth of cocaine.
But the robbery didn't go as planned. Instead the teen was stabbed twice in the chest and died.
These are the basic facts outlined by assistant Crown Attorney David King in court Tuesday in the judge-alone trial. Dawson Farr is on trial, charged with manslaughter, assault with a weapon and drug trafficking.
Tae Yoon (Dan) Park, also charged with manslaughter, is scheduled to be tried separately later this year. The victim cannot be identified because of a publication ban imposed due to his age.
King said the case will boil down to two main issues for Ontario Court Justice Amanda Camara:
1) Was Farr acting in self defence?
2) And if it was self-defence, is Farr still guilty of manslaughter, because the death happened during the commission of an unlawful act (drug trafficking)?
For the second to be true, which the prosecution is arguing for, a reasonable person would need to foresee that the drug trafficking could have resulted in bodily harm. The Crown must also prove that the death was not too removed from the drug trafficking.
The first witness was Jacob Vogl, a friend of the victim's who was also stabbed, but suffered minor injuries. He is 20 now, but was 18 at the time of his friend's death on Dec. 7, 2018.
He recalled that he and his friend had been buying cocaine off of Farr for about a month and half when they came up with a plan to rob Farr a of couple weeks before the stabbing. They spoke with several friends about it.
Me and (my friend) had a bit of a problem with coke, we spent all our money doing it," he said. They thought their plan to feed the addiction" was going to be easy.
This was the plan: his friend would arrange to meet Farr to buy the drugs and the pair would travel together - Vogl driving his mom's white Kia Forte. Farr wouldn't know a third friend was acting as lookout. They would enable the child locks so Farr would be trapped in the back seat. Vogl and the teen victim would grab the drugs and recline their seats, pinning Farr. That's when the third friend would pull Farr out of the car.
There was no plan to hurt Farr, Vogl testified. Although headmitted that in the front of the car they had a knife, an extendable baton and a BB gun they had spray painted black.
That December afternoon, Vogl was behind the wheel and the 17-year-old in the front passenger seat. They were parked on Pinewarbler Court, near Limeridge Mall. But when Farr came walking on the path from nearby Bruleville Park, he - unexpectedly - was not alone. The prosecution says Farr had Park with him and both men got into the back seat.
Vogl recalled his friend asked to see the drugs, and from the back seat there was some hesitation and a demand to see the money first. The 17-year-old said he didn't have it, but eventually was allowed to take a look at the drugs. The 17-year-old held a clear bag of white powder - about the size of Vogl's palm - to examine, Vogl said.
The friends looked at each other and the 17-year-old reached to move his seat back. Vogl said he took this as a sign the robbery plan was still on and he moved to do the same. That's when he claims he saw an arm with a knife reach over him and he was struck twice in the chest. Everything happened quickly, he said, adding that he was in fight or flight mode."
Vogl jumped out of the car and opened to door to let out Farr, who he said lunged at him with the knife three times. Each time Vogl said he jumped back and then moved to chase Farr. On the third time Vogl said he fell on his back and Farr stood over him before the men ran away.
When Vogl got up he saw his friend face down on the pavement. He and the other friend were screaming the teen's name and tried to drive to get help, but soon realized it was too serious. They stopped to call 911. In hospital, he was told his friend was dead.
Vogl didn't know Park and said he only knew Farr as the plug," a term meaning drug dealer. He learned both names after the stabbing.
Vogl also admitted to lying to police both in hospital and later in a recorded statement over fear of getting into trouble.
On cross-examination, defence attorney Jeffrey Manishen pressed Vogl on inconsistencies in his different versions of events, including in the initial 911 call where he said someone ran up to them, got into car and stabbed them. He also told police they were buying 1/4 pound of marijuana.
You lied," Manishen said repeatedly, accusing Vogl of minimizing his role.
I was scared," Vogl said.
Manishen accused Vogl of lying on the stand, including suggesting both he and the 17-year-old victim used weapons that day. Vogl denied this.
The trial continues Wednesday.
Nicole O'Reilly is a Hamilton-based reporter covering crime and justice for The Spectator. Reach her via email: noreilly@thespec.com