Nova Scotia

Butcher testifies girlfriend attacked him in his sleep and he killed her by accident

Nicholas Butcher told a Halifax jury he awoke when someone climbed on his chest and started stabbing him in the throat. Butcher said he flipped his attacker over, seized the knife and stabbed the person.

Warning: This story and live blog contain graphic details

In this artist's sketch, Nicholas Butcher testifies in a Halifax courtroom on Thursday. Butcher testified in his own defence on Thursday and Friday at his second-degree murder trial in the death of Halifax yoga instructor Kristin Johnston. (James Vincent Walsh/Canadian Press)

Nicholas Butcher testified Friday in Nova Scotia Supreme Court that his girlfriend Kristin Johnston attacked him with a knife in his sleep and he killed her by accident before trying to take his own life with a power saw.

Butcher is on trial for second-degree murder in the death of Johnston, a Halifax yoga instructor. He's pleaded not guilty. 

According to Butcher, 36, he found his girlfriend with another man hours before she died and the couple argued. But he said he and Johnston, 32, had gone to bed cuddling at her Purcells Cove-area home early March 26, 2016.

He told the Halifax jury he awoke when someone climbed on his chest and started stabbing him in the throat. Butcher said he flipped his attacker over, seized the knife and stabbed the person.

"It happened really quickly," said Butcher, adding he didn't put his hands up to defend himself.

'I went hysterical'

Only after he turned on the bedside lamp did he realize it was Johnston, he told the court. "I checked to see if she was breathing and she wasn't. I went hysterical," Butcher told the jury, sobbing. "I'd just killed her by accident. I have to die too."

Butcher testified that after stabbing Johnston, he took the knife and stabbed himself. When that didn't kill him, he said he went to the bathroom, got razor blades, slashed his wrists and lay down on the bed, waiting to die.

He said that was taking too long so he went to the basement and brought the mitre saw to the bedroom and cut off his right hand.

"I was in more pain than I'd ever been in my life," he told the jury.

He said he then called 911 and crawled out to the porch. Butcher told the 911 operator, "I cut my hand off. I killed her."

Butcher says he was in shock

Crown prosecutor Carla Ball noted on Friday that Butcher made no mention of an assailant attacking him when he called 911, nor did he say his girlfriend attacked him. He did tell the operator six times that he'd killed Johnston. 

Butcher said he wasn't going to tell the operator the narrative of what happened, and said he was in shock at the time. Ball disputed that, noting he gave the 911 operators specific instructions on how to find and help him, including clarifying the address and telling them they'd have to break the door down.

Once outside, Butcher said he apologized to the arresting officer because he was ruining a beautiful spring day for him.

He said he remembers parts of the ambulance ride, including telling a medical professional that, "I f---ed up." He told the court he was talking about cutting his hand off.

Butcher found Johnston with another man

Earlier on Friday, Butcher testified he picked up Johnston from the airport three days before her death. He said she seemed "reserved" but chalked that up to fatigue from travelling for a few weeks.

He told the court on the evening of March 25, Johnston told him she was going out with friends for a drink. He said he left the house a short time later, taking Johnston's dog with him to friend Adam Chisholm's house.

Friends have told the court Kristin Johnston wanted to break up with Nicholas Butcher in the days leading up to her death. (Facebook)

Butcher and Chisholm drank for a while before Chisholm fell asleep. Butcher said he drove from the north-end of Halifax out to Johnston's house on the outskirts of town to get cigarettes. He said he heard loud music playing from her computer. When he went to shut it off, he found her Facebook page was open and started reading her private messages. 

He saw one from a man he didn't know, Mike Belyea. He told the jury the messages had Belyea's address. He testified he thought it was a party invitation so he went to Belyea's house.

He entered the house and found it very quiet. Butcher testified he found Johnston, Belyea and her friend Lisa Abramowicz inside. Butcher told the court Johnston asked him to leave and told him they'd talk the next day. 

Belyea and Abramowicz separately testified earlier in the trial that Johnston broke up with Butcher at that time. He said she seemed "freaked out" after talking to Butcher. 

Butcher left, but waited outside, smoking a cigarette. He told the court he was going to offer her a drive home. After sitting in his car for almost two hours, he saw Abramowicz leave. It was about 4:15 a.m.

Johnston found with defensive wounds

He called Johnston three times in a matter of minutes. When she didn't answer, he climbed the stairs to Belyea's apartment and heard Johnston moaning.

Butcher said he could see Belyea lying on top of Johnston on his bed so he went in and pushed Belyea off. He said Johnston was in her underwear and Belyea's clothes were undone. Belyea left the house to get cigarettes. 

Butcher said Johnston kept asking him what he was doing there. Butcher suggested they go home. He said Johnston got dressed and left with him.

Hours later, she was dead.

Steak knife found next to victim

A Halifax Regional Police officer testified last week that when he found Johnston, her head was covered with a pillow and a black-handled steak knife was next to her on the bed.

The jury has heard from a medical examiner that Johnston's hands had what appeared to be defensive injuries, as though she was trying to ward off an attack.

The trial began three weeks ago and is before a judge and jury. The case will resume Monday.

The CBC's Blair Rhodes live blogged from the Halifax court. Those on mobile can read here.