THUNDER BAY — The jury will determine later this week if the evidence proves beyond a reasonable doubt that Jesse Allen knowingly intended to kill his 18-year-old brother Wayne Allen when he stabbed him twice in the chest.
Evidence concluded in the second-degree murder trial for Jesse Allen, 40, on Monday. Closing submissions are expected to be heard on Wednesday and will be followed by instructions to the jury from Justice Danial Newton. The jury will then begin deliberations and be sequestered until a unanimous verdict is reached.
As part of admissions read into the court record on Monday, it is agreed by Crown and defense counsel that Jesse Allen unlawfully caused the death of Wayne Allen by stabbing him twice in the chest.
At the start of the trial, the defense agreed that Jesse did stab his brother Wayne, but is asking the jury to find him guilty of manslaughter, not second-degree murder.
The defence did not call any evidence during the trial. The Crown called several witnesses to testify, including Glenn Allen, the father of Jesse and Wayne Allen, who was present in the Flicker Avenue home in Manitouwadge on Jan. 30, 2021 when the unprovoked attack took place.
During emotional testimony last week, a distraught Glenn Allen recounted Jesse getting up from the kitchen table and moving toward Wayne sitting on the couch and stabbing him twice in the chest.
Cross-examination of Glenn Allen resumed on Monday, with defense counsel Danielle Vincent questioning him about minor inconsistencies between his testimony in court and what he told police during an interview immediately following the stabbing.
Vincent pointed out that in the interview with police, Glenn said Jesse stood up and walked over to Wayne, while in court he testified to Jesse ‘jumping’ or ‘bolting’ up from his seat and ‘running’ over to Wayne.
Several times Glenn questioned the relevance of Vincent’s line of questioning.
“I don’t know what difference that makes. I’m totally baffled here,” he said. “You’re grasping at straws here and I’m finished with this.”
The father became very emotional at times during his initial testimony and during cross-examination.
“Everything I saw is still there in my mind,” Glenn said. “I’m telling you what I saw. I saw without a doubt him stab that boy.”
Also called to testify on Monday was Dr. Nicholas Escott, the forensic pathologist who performed the post-mortem examination on Wayne Allen.
According Escott, Wayne Allen suffered two stab wounds to the chest, with one puncturing his left lung and heart and the other puncturing the right lung.
The cause of death was determined as a loss of blood and a lack of oxygenated blood reaching the heart.
Escott testified the stab wound that punctured Wayne Allen’s heart would have resulted in death within minutes.
Counsel and Newton will meet on Tuesday to discuss the charge to the jury. Closing submissions will be heard Wednesday morning.
