A man accused of fatally stabbing a 15-year-old boy at a bus stop on June 3, 2010, told police he thought the boy was part of a gang that was going to kill or kidnap him, B.C. Supreme Court heard Monday.
That information was recounted by Crown prosecutor Scott Van Alstine in his opening statement at Cory Daniel Barry’s trial for the second-degree murder of Justin Wendland, a student at Victoria High School.
Barry, 41, a short, heavy-set man with brown hair and glasses, sat in the prisoner’s box and dabbed his eyes with tissue as Van Alstine outlined the case against him. Justin’s mother Raj Wendland sat behind him in the front row of the public gallery, surrounded by friends.
Van Alstine outlined the Crown’s case, telling Justice Brian MacKenzie he will see a videotaped interview of Barry by Victoria police Sgt. Mark Catto. In the interview, conducted just hours after Wendland died, Barry agrees he has mistaken the boy for someone else, said Van Alstine.
“Catto says, ‘;I believe he was at the wrong place at the wrong time … An innocent boy lost his life because of mistaken identity.’ Barry, crying, says, ‘;Yes,’ ” said Van Alstine, quoting from the interview.
MacKenzie will hear that Barry spoke quickly and in a broken fashion to police, telling officers he thought people with guns and bats were trying to kill him. Barry thought he was being stalked so he went to the Times Colonist building at 2621 Douglas St. because he knew there were security cameras and they would be recording if he was beaten, said Van Alstine.
MacKenzie will also hear Barry tell the officer he didn’t mean to kill the boy and came straight to the police station because he was so scared and he feels safe at the police station.
The Crown’s theory is that Barry stabbed Wendland at the bus stop outside the Times Colonist building, then ran with his dog to the police station, discarding a Bible, a lanyard, a butter knife and a black-handled knife in a compound on Westbourne Place.
Police officers, paramedics, firefighters and civilians are expected to testify during the first week of what is scheduled to be a three-week trial. Const. Ian Hynes, who was first on the scene, is expected to testify that he found 15 to 20 people gathered at the bus stop on Douglas Street and saw two people assisting someone on the ground, Van Alstine said.
Hynes is expected to testify that he rolled the young man onto his left side and felt dampness in the young man’s T-shirt. He is expected to say the boy was conscious, his eyes darting back and forth, but he was having trouble breathing.
Hynes is expected to testify that he went down on one knee and asked the boy ‘;Who did this to you? Do you know who did this to you?’ ” said Van Alstine.
The court will hear that Wendland did not respond and struggled to breathe. Then his eyes became more fixed and he stared straight ahead, said Van Alstine.
Const. Justin Munro, who was also at the scene, is expected to testify that he asked Wendland what his name was and told the boy to try to stay awake.
The evidence will also show four doctors were waiting for Wendland at the Royal Jubilee Hospital. It will also show Wendland died of two stab wounds to the chest, the Crown prosecutor said.
A number of civilian witnesses are expected to give evidence about what they saw of the stabbing and of Wendland’s assailant running away with a tan-coloured dog on a chain.
Finally, DNA evidence will show that Wendland’s blood was found on Barry’s T-shirt and on a black-handled knife.
