A Vancouver Island man has been acquitted of manslaughter in an incident where another person died after a fight.
The incident dates back to Jan. 20, 2020, when Richard Henry, 53, tried and initially failed to start a fight with Andrew Steve Alphonse at a house party in Duncan. In her April 5 decision, Justice Elizabeth McDonald said the issue in the case was whether or not Alphonse acted in self-defence.
“I believe the accused when he describes the fear he felt for the deceased, especially when he heard him approaching the living room,” McDonald said. “I accept that the accused believed the deceased, who by all accounts was in a rage, was determined to beat him up and capable of seriously injuring him.”
Alphonse testified in his defence.
“I was terrified,” he told McDonald.”...I was terrified for my life and because he wouldn’t stop wanting to come after me. Like he just wanted to beat me up. And I was scared, and all I knew was I wanted to get out of that house.”
The court heard Henry had consumed four or five drinks and had begun arguing with a person at the party. Soon, he turned his anger toward Alphonse, the judge said.
Witness Christine George testified she heard Alphonse repeatedly tell Henry that he did not want to fight.
"Each witness who had attended the party confirmed that the accused essentially ignored the deceased’s actions,” McDonald said.
Christine George got between the two men but said “she could not calm the deceased down and that he was in a state of uncontrolled anger.”
She asked someone to take Henry outside. They did.
Fear of violence
Christine George had decided to go home, partly she feared Henry would become violent.
Soon after she called Henry’s cell and received no answer. When she returned to the house and found Henry unresponsive on the floor, she called 911.
Eliza George also testified Alphonse had repeatedly rebuffed Henry’s attempts to fight. She said she watched Henry’s movements outside after he had been removed from the party. Eliza George said she locked the doors because she was afraid of him, only to later see him jiggling the knobs.
Somehow, Henry got into the house and struck Alphonse while he appeared to be asleep on a cot in the living room, according to Eliza George.
“The deceased told the accused to get up and fight. The deceased began to pull his sweater off and Eliza George noticed that he seemed drunk,” McDonald noted in her decision.
When Alphonse sat up, Henry “delivered another punch with his fist to the accused’s jawline,” McDonald said.
Alphonse said he told Henry. “‘Brother, I don’t want to fight.’”
McDonald said Alphonse was in a crouching stance trying to protect his head with his arms. She found that Henry instigated the fight.
“The deceased was in a rage and he just kept swearing and telling the accused to ‘be a man’ and ‘get up and fight me.’” McDonald said. “The accused said he felt terrified and he did not want to fight. The accused said again, ‘Bro, I don’t want to fight’ but his words had no effect on the deceased.”
The two began to exchange blows, leaving Henry on the ground. Alphonse said he tried to leave but Henry grabbed his shirt.
Bradley Sylvester testified that Henry’s anger was “going up and up to the point of rage.” While he was soon asked to leave, Neil Alphonse told the court Henry wanted to beat up the accused.
Alphonse said he remembered little of the fight.
“I believed his testimony,” McDonald said. “I accept the accused’s assertion of a defensive purpose in fighting with the deceased. I find that the accused believed the deceased, who by all accounts was in an uncontrolled rage and fixated on fighting, could beat the accused up and badly hurt him.”
Alphonse said he went to a cousin’s house after the fight and repeatedly said, “F**k, what did I do?”
Police arrive
Officers arrived at the house to find Christine George giving Henry Cardiopulmonary resuscitation (CPR).
Paramedics arrived soon after but could not get his jaw open to give him air. They also tried to use an automatic electronic defibrillator but there was no shockable heart rhythm, McDonald said.
Pathologist Dr. Matthew Orde testified it was suspected Henry was repeatedly punched and possibly kicked and became unconscious sometime during the fight. He had fractures to the face and a dislocated jaw.
