Judge to rule on Hillsborough murder case in February

A judge will decide in February whether a Moncton-area man is guilty of manslaughter or second-degree murder.

Calvin Andrew Lewis is charged with first-degree murder in the May 2, 2020, death of his partner Tina Tingley-McAleer. 

Lewis admits he fatally stabbed the 43-year-old in their Hillsborough home south of Moncton.

About eight months after the first testimony was heard in the trial, closing arguments were heard Wednesday. 

Crown prosecutors and lawyers representing Lewis made two concessions in filings ahead of those closing arguments.

Prosecutors acknowledged the evidence presented does not support the charge of first-degree murder, which is a homicide that's planned and deliberate. Second-degree murder is an unplanned homicide.

• What's the difference between manslaughter and murder charges

The defence conceded the Crown had proved second-degree murder but argued Lewis was provoked by the victim.

Lewis testified at trial he believed Tingley-McAleer planned to kill him.

"Something happened that provoked a crime of passion," defence lawyer Nathan Gorham said.

That leaves Court of King's Bench Justice Robert Dysart to decide whether the provocation defence applies.

Crown prosecutor Malika Levesque said provocation is a partial defence that doesn't fully reduce his guilt but could reduce the charge he's convicted on to manslaughter. 

The trial by judge alone began April 20 and heard testimony from 10 Crown witnesses and two defence witnesses, including Lewis himself, over seven days. 

The Crown had rejected an attempt by Lewis to plead guilty to manslaughter at the start of the trial. 

The trial was adjourned for months as defence lawyers and Crown prosecutors weighed calling further evidence.

Ultimately, no further evidence was presented and closing arguments began Wednesday. 

Crown witnesses have testified that there were regular arguments, and that Lewis had a history of threatening to kill Tingley-McAleer with a knife.

An autopsy found Tingley-McAleer had 32 stab and cut wounds, including to her heart and lungs, the statement of facts says. 

Lewis testified he used meth daily, taking tablets sometimes 10 to 15 times a day. He also regularly used cannabis and Percocet painkillers. 

Lewis said he confronted Tingley-McAleer after finding a needle filled with an unknown substance in their home he believed she would use to kill him. He testified neither of them used intravenous drugs. 

"I said, 'Are you going to kill me?'" Lewis testified in April. "She said, 'It don't matter, you're not going to make it to the end of the day anyway.'"

Lewis testified he "lost it" and stabbed her. He called 911, saying he had killed her, then drove away from their home. He told police what happened in an interview after his arrest.

A psychiatrist testified that Lewis likely experienced psychosis related to his frequent use of methamphetamine. Dr. Ralph Holly also said Lewis likely had an antisocial disorder, personality disorder and paranoid disorder.

Holly testified the needle "could be" one example of Lewis believing something that wasn't reality. No other witnesses testified about seeing a needle or hearing the victim threatening Lewis. 

Whether the needle was real, and whether that affects the use of the provocation defence, featured heavily in the closing arguments Wednesday.

Gorham argued that Lewis truly believed he was under threat, even if it was in the context of a delusion.

Levesque told the judge that Lewis being threatened was in opposition to the evidence at trial that she was the one being threatened and abused by him.

Dysart is scheduled to give his decision Feb. 3.