Last-minute twist in trial of Ontario man accused of killing parents

After a three-week proceedings for Alpha Henry, a astonishment twist connected the time for closing submissions.

Henry is connected proceedings for 2 counts of second-degree execution relating to the fatal stabbing of his parents, Veronica and Colin Henry, and 1 number of attempted execution relating to his younger brother, Daniel Kwame Henry.

The Etobicoke man’s lawyer requested connected Thursday that counsel reason whether oregon not the 28-year-old unlawfully caused the decease of his parents and tried to termination his brother, suggesting his lawsuit could not signifier the intent to perpetrate murder.

“If your honour is to find that Alpha Henry committed the act, I would beryllium raising the contented of not criminally liable (NCR) and seeking an assessment,” Jamie Kopman told Superior Court Justice Joan Barrett.

Kopman said Henry has not yet been assessed.

Assistant Crown lawyer Michael Wilson told Barrett helium was not amazed by the defence’s request, fixed the Crown anticipated that the statement of not criminally liable by crushed of a intelligence upset would beryllium advanced.

Wilson told the justice it would marque consciousness for the lawyers to marque arguments connected the contented of intent and whether the Crown proved beyond a tenable uncertainty that Henry committed the unlawful act.

“It would subordinate not lone to the 2 counts of second-degree execution connected the indictment, but besides connected the number of attempted murder,” helium said.

It was Sept. 21, 2022, astir 1:40 a.m. erstwhile constabulary were called to portion 417 astatine 27 Bergamot Avenue.

When they arrived, they recovered Alpha wrong the portion and his parents dormant successful the bathtub. Daniel Henry, Alpha’s younger brother, had called 911 from a adjacent state station, reporting helium had travel location to find his brother, who was homeless, brandishing a knife.

Daniel reported his member said, “die, bitch” earlier attacking him with the knife. Daniel said determination was a scuffle, helium managed to wrestle the weapon distant from Alpha, earlier escaping the flat and moving down the hallway and retired a stairwell earlier moving to the state presumption wherever helium asked a passerby to telephone 911.

Daniel had mislaid his telephone successful the commotion.

Wilson told Barrett that Alpha had utilized his dormant mother’s cellphone to substance Daniel portion helium was distant connected business, and acceptable up his brother.

“His parents are laying successful a bathtub, unbeknownst to him, his member is alert he’s coming home, laying successful hold and attacks him,” said Wilson.

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The Crown argued that Alpha fatally stabbed his parents sometime aft 11:52 a.m. connected Sept. 19, 2022, and afterwards, utilized his mother’s telephone to not lone substance his member but to pass with individuals for enactment services.

The Crown argued Alpha besides utilized his mother’s cardinal fob to participate his parents’ building. Prior to their deaths, video surveillance showed Alpha was incapable to summation entree to the building.

Video surveillance anterior to and aft the offence is relied upon by the Crown to amusement that Alpha is liable and Daniel is not.

But Alpha Henry’s lawyer argued it was his member Daniel who killed his parents.

He consistently told constabulary some erstwhile helium called 911 and aboriginal gave a connection to constabulary that Daniel arrived location astatine the Rexdale flat helium shared with his parents and was frustrated to find his parents engaged successful prayer. Alpha said it was Daniel who attacked him and killed his parents, earlier moving disconnected with the knife.

But Wilson said that Daniel was retired of the state from Sept. 18 to 21 and video surveillance shows helium was not location until 1:35 a.m. connected Sept. 21 and the bodies, which were doused successful gasoline, had been dormant for immoderate time.

“The Crown submits determination is motive. He’s murdered his parents and helium knows his member is coming location and that’s the crushed to extremity his brother’s life. To debar liability for his crime,” Wilson concluded.

But defence lawyer Jamie Kopman pointed to the information that the forensic pathologist could lone accidental the clip of decease was sometime aft Veronica Henry was past seen oregon heard from connected Sept. 19 and earlier she was recovered dormant connected Sept. 21, 2022.

“There is simply a weapon recovered connected Daniel Henry. We don’t cognize whose DNA is recovered connected that knife,” Kopman told Barrett. The defence argues that determination is tenable uncertainty arsenic to whether Alpha did it, and there’s an lack of grounds arsenic to whether Daniel was responsible.

“There’s nary conclusive grounds Alpha cleaned up the country and was waiting for his member to travel home,” said Kopman.

The justice volition present her determination connected whether she believes Alpha Henry caused the unlawful offence successful January.