Regina man's death in 2020 was unintended result of planned confrontation, Crown lawyers argue

Crown prosecutors are trying to portray the August 2020 death of Matthew Bossenberry in Regina as an unintended result of a premeditated confrontation.

Wednesday marked Day 2 of the trial for Joshua La Rose, 42, who is accused of second-degree murder in connection with Bossenberry's death. He has pleaded not guilty.

Wednesday's proceedings in the Court of King's Bench in Regina began with the Crown counsel's opening statement. David Bélanger, one of the Crown lawyers, told the jury that they aim to prove that La Rose did not kill Bossenberry in self-defence after he showed up at a Regina home on Aug. 24, 2020.

La Rose had previously had a conflict with a person who lived in the home, Bélanger told the jury Wednesday. Details about that person's identify cannot be revealed due to a publication ban.

While La Rose was later serving time in the Regina Remand Centre for unrelated charges, he decided that he would get back at the person living in the home, Bélanger said.

After his release, La Rose had someone drive him to the home. He walked around to the back and asked to come in, saying he wanted to apologize, Bélanger said.

He was led into the living room. Bossenberry and another person had been there visiting for about an hour, the lawyer said, and were sitting with the resident La Rose had come to confront when he arrived.

La Rose then revealed a can of bear mace, Bélanger said, and said something along the lines of, "I hope you'll like this pepper spray."

Bossenberry was hit with the spray, Bélanger said, but fought back. He eventually found an old two-by-four lying in a backroom, but La Rose pulled out a knife, court was told.

911 call played

The Crown called several members of the Regina Police Service and a paramedic to testify Wednesday.

Const. Zach White was dispatched after two 911 calls were made about an injured man at the residence. The Crown played one of the recordings in court Wednesday.

The caller told the operator that her eyes were burning and that she could not go back inside because the place was sprayed with bear mace.

White, the first officer on the scene, arrived within two minutes of the call, he told the court. He found Bossenberry on the front steps of the house, nude and clutching his left ribs.

As the officer approached, Bossenberry's hand fell away and White saw that he had been stabbed. He immediately put pressure on the wound and checked Bossenberry's pulse. White saw the man was breathing and called for emergency medical services, he testified.

Janet McMechan, an on-duty EMS supervisor in Regina, arrived at the house alone a few minutes later and took over care.

McMechan saw Bossenberry had a stab wound near the left chest area, and noted he had orange stains around his eyes and chest from the bear mace.

She could smell the mace, McMechan told the court, but did not feel its effects because she was wearing a procedural face mask and protective eyewear at the time.

McMechan declared Bossenberry, 32, dead about three minutes after she arrived on scene, she said.

Const. Aaron Robertson, whose job it is to find and preserve evidence, visited the house on the night of the incident and the following day.

On Aug. 25, 2020, the day after Bossenberry's death, Robertson and another officer scanned the house. He took photos and seized articles for evidence.

Robertson testified that walking through the house, he felt the effects of the bear mace.

"You can smell it in the back of your throat. It's pungent," he explained, adding that it can cause a tingling sensation.

The scent was particularly noticeable in the living room and the backroom, where, he said, there appeared to be signs of a struggle.

Robertson also found a white tank top with an orange stain on it, as well as a pair of camouflage shorts, he said.

Crown prosecutors showed a photo of a piece of two-by-four, a small portion of which was covered by a white board, that had a spec of blood on it.

There was blood throughout the house, Robertson said, but particularly in the back room.

Day 3 of the trial starts Thursday morning. The jury trial, which is being presided over by Chief Justice Martel D. Popescul, is expected to run until Nov. 25.