Fate of Kamloops man on trial for brutal killing in hands of jury - InfoNews

Current Conditions

Clear
-0.2°C

Fate of Kamloops man on trial for brutal killing in hands of jury

December 11, 2018 - 2:22 PM

KAMLOOPS - The accused in a Kamloops murder trial beat and stabbed his heavily intoxicated 26-year-old friend to death, crown prosecutors said in their closing arguments today.

Stephen George Fraser, 58, is on trial for the second degree of his former co-worker Cody Foster after killing him on Feb. 11, 2017. Crown prosecutors say Foster had 28 injuries just to his head and neck, including a stab wound to his carotid artery and several fractures to his face.

Fraser's defence lawyer, Jay Michi, says his client acted in self-defence after Foster told the accused he was going to kill him when the two were hanging out and having drinks in Foster's trailer at the Kamloops RV Park last winter.

In Fraser's testimony last week, he said Foster caught him off guard when he threatened him with gang violence. Michi said Fraser's attack on Foster was motivated by fear, shock and terror. He says the nature of Foster's threat was "lethal" and his client was trapped in a trailer with a younger man who was in better shape than his middle-aged client.

"These are the statements that would cause an ordinary person to lose self-control," Michi said in his closing argument today, Dec. 11.

Michi also explained that Fraser felt trapped in the trailer with Foster and that he was "far from refuge".

Fraser described a lengthy fight between himself and Foster saying every time he struck or stabbed Foster with a knife it seemed to have little to no effect on him, he said in his testimony last week.

Fraser said Foster managed to tackle him onto a table when he had a 7.5-centimetre knife blade sticking out of his neck.

But Crown prosecutor Alex Janse reminded the jury of Foster's toxicology report which showed his blood alcohol content was nearly three times the legal limit to drive and that he had THC in his system.

At this level of intoxication, Janse said, a person is drifting in and out of consciousness, stumbling, slurring their words, and their muscle strength is affected.

"Mr. Fraser describes a significant fight," Janse said, but adds there was a lack of injuries and defence wounds to Fraser.

"Stephen Fraser murdered Cody Foster," she said. "It wasn't self defence... just like he told police it was 'boom, boom, done.'"

Janse said Fraser's testimony was "completely unbelievable".

"He lied to you," Janse told the jury.

Although Crown prosecutors can't provide a motive, Janse said Fraser's story was "crazy."

Michi emphasized to the jury the importance of the presumption of innocence and the Crown's obligation to prove beyond a reasonable doubt. 

"It was violent, turbulent and bloody incident," Michi said, adding that the defence is not disputing whether or not Fraser killed Foster but that it was in self-defence.

The jury will begin their deliberations tomorrow, Dec. 12.


To contact a reporter for this story, email Karen Edwards or call (250) 819-3723 or email the editor. You can also submit photos, videos or news tips to the newsroom and be entered to win a monthly prize draw.

We welcome your comments and opinions on our stories but play nice. We won't censor or delete comments unless they contain off-topic statements or links, unnecessary vulgarity, false facts, spam or obviously fake profiles. If you have any concerns about what you see in comments, email the editor in the link above. 

News from © InfoTel News Ltd, 2018
InfoTel News Ltd

  • Popular kamloops News
  • Comments
View Site in: Desktop | Mobile