Christopher Ausman's, 32, body was found on a sidewalk on Highway 33 in Rutland on Saturday, Jan. 26, 2014.
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June 06, 2019 - 1:09 PM
KELOWNA - The notion that Steven Pirko swung a hammer at Christopher Ausman’s head so he could save a friend from being pummelled, was challenged today by Crown counsel David Grabavac as he moved toward the end of a lengthy cross-examination of the accused killer.
Pirko, who is on trial for the second degree murder of Christopher Ausman Jan. 25, 2014, has repeatedly said he pulled out his hammer and hit Ausman in the head because he significantly outmatched his friend Elrich Dyck in a fistfight.
He claimed that Dyck called out to him to help.
But today, June 6, when asked to acknowledge that the injuries to Dyck were fewer and less severe than the injuries Ausman incurred, Pirko agreed, indicating that it was Ausman who was outmatched.
"In seeing the photos (of the autopsy) and hearing the doctor's evidence and everything, yeah," Pirko said.
Jurors have heard evidence that Ausman had 15 injuries, including a lethal skull fracture.
He had a broken nose, missing teeth, and bruises and cuts on his face. There were no injuries to his legs, which is at odds with Pirko’s memory of hitting Ausman in the leg with a hammer.
In contrast, Dyck already testified that he had no broken bones. During cross-examination Thursday, Pirko told jurors Dyck had a red face but wasn’t severely injured.
Grabavac then went through Pirko’s previous statements and testimony to confirm that despite being “dope sick” — a condition resulting from heroin withdrawal — he was capable of making the confession he gave to RCMP upon his November 2016 arrest.
“Do you remember Cpl. Boucher throwing cigarettes and lighters at you? You had no trouble catching them?” Grabavac asked.
“I didn’t, it was an easy task to perform. It’s not like catching 90 mile per hour pitch, or something,” said Pirko.
Grabavac asked him to define what being dope sick entailed.
Pirko said it was muscle aches, hot and cold flashes, and nausea.
“Just extreme discomfort?” Grabavac asked.
“I guess so, yeah,” said Pirko.
Diving deeper into the statement from 2016, he also asked Pirko to confirm at least half a dozen moments he lied.
Pirko admitted to all of the lies, adding, “there was lots of lies I told but I eventually told the truth.”
Cross-examination of Pirko is expected to end today and closing arguments will be next week.
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