Verdict in Brayden Bushby trial to get delivered Monday

The verdict in a trial involving a man in Thunder Bay, Ont., who threw a trailer hitch at a woman in 2017 will be handed down this afternoon.

Brayden Bushby faces a charge of manslaughter in relation to the death of Barbara Kentner. She died in July 2017, five months after being hit by the hitch.

Bushby plead guilty to a charge of aggravated assault in relation to the incident. The plea was part of a deal between the Crown and defense to have the second charge brought down to manslaughter.

During the four-day trial in early November, Kentner's medical records were thoroughly examined, with pathologist Dr. Toby Rose noting her medical records, "filled at least one banker's box."

Kentner had underlying liver conditions, although the cause of her death, according to Rose, was bronchopneumonia and acute-on-chronic peritonitis, or an infection due to the rupture of her bowel because of blunt force trauma.

Rose said that Kentner was a "chronically ill and seriously ill woman" who had "more or less a limited life expectancy."

At issue, from a legal perspective, is causation, and if the injury suffered by Kentner because of the trailer hitch is a significant factor in causing her death. The Crown said during the trial that motive is not a factor in this case.

"If she never suffered that injury, she still could have died on that day, that would be correct," Rose testified.

At trial, court heard that after her surgery to deal with the perforated bowel, Kentner left hospital against medical advice, and also did not seek medical help until 13 hours after she was struck by the hitch.

Defence lawyer George Joseph noted that many medical issues could have cropped up in the five months between the surgery and Kentner's death, with Rose agreeing with that statement. The surgery, according to medical records, appeared to have been successful.

Defence counsel also said Kentner showed signs of end stage liver disease in the spring of 2017, and that she had spontaneous bacteria peritonitis, and there was no evidence on where that bacteria originated from, not being specific to her perforated bowel.

The Crown said Bushby has a "moral culpability" in this case, no matter what the medical status was of Kentner, that he threw the hitch knowing damage could be caused to any person hit by the object.

"I am not asking you to let Brayden Bushby to walk free," Joseph told the court, noting his client did plead guilty to aggravated assault.

Aggravated assault, as well as manslaughter carry no minimum sentences, but do have maximum sentences of 14 years is prison, and life in prison, respectively.

Justice Helen Pierce will deliver her verdict at 2 p.m.