Defence calls Crown's star witness a 'liar,' asks jury for acquittal in Calgary chef's murder
Anthony Dodgson and Tommie Holloway are on trial for 2nd-degree murder
Drugs, alcohol and a star witness with motive to lie — these factors mean two men on trial for the fatal stabbing of Calgary chef Christophe Herblin should be found not guilty of murder, defence lawyers argued Wednesday.
Anthony Dodgson and Tommie Holloway are on trial for second-degree murder in the March 2020 fatal stabbing of Herblin, who was stabbed nine times. He was attacked in the parking lot of his soon-to-open Bow Trail bistro, Croque Saveurs, which shared a wall with a cannabis shop, Spiritleaf.
Dodgson, who stabbed the victim, should be convicted only of manslaughter, his lawyer argued, while jurors should acquit Holloway, according to his counsel.
"There is no video evidence showing Mr. Holloway in any way, shape or form involved in the confrontation of Mr. Herblin. None," said defence lawyer Kim Ross.
On March 13-14, 2020, the two accused and a woman — the Crown's star witness, who can only be identified as AB because of a publication ban — were doing cocaine, meth and drinking.
They planned to get into Spiritleaf to steal a safe, drugs and money. They tried to gain access through Herblin's neighbouring bistro.
Herblin's business alarm alerted him to the break-in and he showed up to his business around 3 a.m. with police arriving minutes later.
After officers secured the scene and left, Herblin stayed to clean up the broken glass.
AB, Dodgson and Holloway returned around 6 a.m., but Herblin was still inside his shop.
After one of the men smashed the windows of Herblin's car, he emerged from the bistro. Dodgson can be seen on video running toward him before the recording cuts out.
After he was stabbed, Herblin managed to get to the nearby Shell gas station, where he died on the floor.
Crown star witness a 'liar,' says defence
When AB was taken into police custody and questioned, she was under investigation for another homicide that had taken place just two months earlier.
"[AB] is a liar, [AB] is an informant and [AB] is self-motivated," Ross told jurors.
She told police the men made a plan to get keys from Herblin and stab him if he didn't comply. But Herblin had keys only to his own restaurant, not the cannabis store, Ross pointed out.
And after he was stabbed, Dodgson and Holloway took off.
Dodgson's lawyer, Tonii Roulston, called Herblin's death "unfortunate, unnecessary, troubling and sad" but said there was no plan to stab the victim and argued AB lied because she was in a host of trouble of her own.
'The plan was not there'
But if the plan was to stab Herblin and then steal from the marijuana store, then why leave the scene and not follow through on the robbery, Roulston argued.
"The plan was not there," Roulston told jurors. "Is that what you're going to rely on to find Anthony guilty of second-degree murder?"
Roulston also argued her client was too intoxicated on drugs and alcohol to make a plan and form the intent for murder.
"There's no strategy going on here, these are people messed up by drugs," said Roulston.
'Plan is different than intent'
Prosecutor Carla MacPhail began her closing arguments Wednesday and will complete her submissions Thursday morning.
She told jurors the case is not about AB and said "a plan is different than intent."
"There does not need to be a pre-existing plan to kill someone," said MacPhail. "In this case, with respect to Mr. Dodgson the time of intent that matters happens when he stabs Mr. Herblin nine times."
With respect to Holloway, the prosecutor said "the time that matters is the time he decides to help; the time he smashed out the windows and what he knows happens next."
After McPhail is finished her closing arguments, Court of Queen's Bench Justice Blair Nixon will give jurors final instructions on how to apply the law to their deliberations, then they will be sequestered until a verdict is reached.
Herblin, the longtime executive chef at the Glencoe Golf and Country Club, left behind a wife and daughter. His bistro was weeks away from opening.