The jury in a Chatham murder trial is being sequestered following a 12-hour day in court Wednesday that included four hours of deliberations.
Kyle Samko, 28, has pleaded not guilty to second-degree murder in the death of Manuel (Manny) da Silva, 35, of Chatham.
Chatham-Kent police and paramedics found da Silva stabbed outside a St. George Street home, near Park Avenue East in Chatham, on the afternoon of June 3, 2021. He died later in hospital.
After two short days in court Monday and Tuesday, the trial resumed at 9 am Wednesday when the jury heard closing statements from the Crown and defence, followed by instructions from Superior Court Justice Brian Dube that took about two hours to complete.
The jury began deliberations shortly after 5 pm and went until just after 9 pm when Dube decided the jury should be sequestrated for the night.
Dube’s lengthy instructions to the jury covered several points of law relating to second-degree murder, manslaughter and self-defence.
The fact Samko stabbed da Silva in the chest, resulting in the knife penetrating his heart causing his death is not in dispute, the jury has heard from the beginning of trial.
The jury heard testimony during the trial that the altercation between da Silva and Samko stemmed from a decision by da Silva, along with his friend Dustin Hall, to attack Samko while he was in front of the St. George Street home of Matt Suitor. The two men were wearing hooded sweat shirts and had their faces covered when they confronted Samko.
A key question is whether the conduct and use of force by Samko was reasonable in the circumstances.
“This is the central issue that you must decide as it relates to self-defence,” Dube told the jury.
Noting an accused is presumed innocent when before the court, the judge told the jury the onus is on the Crown to prove beyond a reasonable doubt that Samko’s actions were not reasonable.
Dube instructed the jury they have three verdicts to consider: guilty of second-degree murder; not guilty of second-degree murder but guilty of manslaughter; or not guilty.
The jury returns to court Thursday to resume deliberations.