Sarnia murder trial: Crown closes with intentional killing theory, defense says client not guilty

One of the prosecutors told the jury Friday they’ve never suggested Shawn Trowbridge didn’t love Cheryl VanHuizen.

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Assistant Crown attorney Siobhan Dundon also said they’ve never suggested he wasn’t distracted when he called 911 shortly after midnight on Dec. 30, 2020, as his common-law wife of eight years was suddenly unresponsive.

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But they do think, based on damage discovered to the master bedroom door in their Corunna home that wasn’t there hours earlier, Trowbridge attacked her that night nearly three years ago.

“This was an attack in the bedroom,” Dundon told the jury. “A beating. A sexual assault. And an intentional killing.”

Friday featured closing arguments from lawyers on both sides of Trowbridge’s first-degree murder trial – the 54-year-old boilermaker from the Sarnia and Corunna-Mooretown area pleaded not guilty on Nov. 14 – and after hearing a month of evidence Dundon argued the couple was in a fight when VanHuizen separated herself from him with the door. That’s when the left side of her face was impacted by the door, breaking her glasses and leaving her with a series of blunt-force injuries.

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Defense lawyer Tyler MacDonald, who closed first Friday and didn’t get a chance to respond to the Crown’s arguments, anticipated the prosecutors posing this type of theory about how VanHuizen suffered the blunt-force injuries. But he pointed out to the jury VanHuizen’s feet, toes and ankles were uninjured – a photo taken during the autopsy in London was shown to them on a TV screen – and there was no evidence of fibers from Trowbridge’s clothes in the damaged area of ​​the door .

“Science to the rescue,” he said.

Along with blunt-force injuries to her face, neck, torso and arms, and anal injuries, a forensic pathologist found the 51-year-old professional cleaner’s official cause of death was external neck compressions.

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Trowbridge testified after drinking together he fell on top of her as they walked down the hallway towards the bedroom to have sex. After laughing it off, they were engaged in sexual chocking, something they’d done about 15 times over the previous four years at her request, when she suddenly went limp, he said.

Dundon told the jury, and the rest of the Sarnia courtroom filled to near capacity Friday with family and friends of the deceased and the accused, past sexual chocking does not mean there was consent to do it again the night she died. She also argued Trowbridge knew it was an inherently dangerous act and there was only one reasonable inference to explain the number of injuries she suffered.

“This was a forceful and non-consensual encounter,” Dundon said.

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MacDonald previously pointed to expert evidence that many of VanHuizen’s injuries could’ve been caused by the fall in the hallway. Dundon, though, said Trowbridge offered five versions of how they impacted the wall before falling down.

“His evidence is scattered and contradictory,” she said.

Dundon shifted focus to the fight at the end of the family Christmas party they hosted just hours earlier. Multiple family members who were there testified it was a fun-filled day, except for an alcohol-fuelled fight breaking out near the end between Trowbridge’s daughter-in-law and VanHuizen. The clash was over what Trowbridge’s daughter-in-law felt was an empty promise VanHuizen had made to her young children about future sleepovers there in Corunna.

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Several witnesses said Trowbridge, who’d also been drinking that day, wasn’t involved in the fight and was still in a good mood when the visitors left. But Dundon told the jury there’s a reasonable and logical inference VanHuizen was directly channeling some of her frustrations towards Trowbridge when she told her adult children to “ask Shawn,” during the fight. She argued a fight between the couple broke out after the families left.

But Trowbridge testified he left her alone in the bedroom and after she joined him in the garage they chose not to discuss the fight. Instead they joked and danced before heading inside to have sex.

MacDonald argued his client and VanHuizen were in a good point in their relationship, proudly showing off their new home to family during the holiday season. What was suddenly going so wrong to cause a really bad fight that led to murder, he asked the jury.

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“I submit nothing,” he said.

Since VanHuizen is deceased, Trowbridge is the only witness to what happened during the key period when they were alone until first-responders arrived, MacDonald said. The Crown can accuse him of lying on the stand, but there must be evidence that contradicts him, he added.

Additionally, MacDonald said actions speak louder than words, making reference to his client’s reaction to VanHuizen going unresponsive. He quickly called 911 and sounded panicked on the phone – a clip of the call was played again Friday – as he urged first responders to hurry and pleaded with VanHuizen to wake up.

MacDonald argued his client, a soft-spoken boilermaker, didn’t suddenly turn into a Tom Hanks-type of performance.

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“This is not fake. This is real. This is terribly real,” he said.

Dundon countered a person who does an unspeakable thing in a fit of rage can still be distracted afterwards.

MacDonald concluded by giving the jury a glimpse of what the judge will say when he gives them their charge, or legal instructions, next week before they start deliberating. There’s a legal test for murder requiring the proof of causation, an unlawful act, and intention, all beyond a reasonable doubt.

MacDonald argued the Crown didn’t prove any of those aspects beyond a reasonable doubt.

“You should find Mr. Trowbridge not guilty. I thank you very much,” he concluded.

Dundon disagreed.

“The Crown has proven beyond a reasonable doubt Mr. Trowbridge is guilty as charged,” she said.

Superior Court Justice Russell Raikes is expected to begin charging the jury Monday.

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@ObserverTerry

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