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‘I didn’t see any other option:’ accused testifies in near-fatal Nanaimo stabbing trial

Mar 6, 2019 | 8:55 PM

NANAIMO — It will be up to a B.C. Supreme Court judge to decide if self-defence is a reasonable excuse for a stabbing which nearly killed a Nanaimo man.

Matthew Dean Tremblay, 28, pleaded not guilty to aggravated assault and assault with a weapon related to an incident where court was told a then 25-year-old man was stabbed four times with a folding knife.

The Crown and defence agreed Tremblay stabbed Brendan Lapoleon in late March 2018 on Fifth St. in front of the former King Arthur Court housing complex. The altercation was captured on video surveillance.

Court heard Tremblay and Lapoleon were complete strangers who met after an intoxicated and upset Lapoleon came looking for his girlfriend.

Tremblay and three other people he barely knew were taking a late night walk toward University Village. Among the group was Lapoleon’s girlfriend.

Lapoleon jumped out of his window, hopped a fence and caught up with the group, with his sights set on the much smaller Tremblay, court was told.

Under cross-examination, Crown prosecutor Catherine Hagen asked Tremblay why he produced a knife during a potential fist fight.

“I didn’t see any other option,” Tremblay answered.

Hagen responded: “You didn’t have time to walk away but you had time to produce a knife from your pocket, open it, step back and then plunge it into Mr. Lapoleon?”

“I didn’t want to turn my back to him as he was advancing at me,” Tremblay said.

Hagen questioned Tremblay as to why other steps weren’t taken to diffuse the situation.

“The video indicates five or six seconds between the time he’s over the fence and approaches you. That would give you time I would suggest to raise the knife and warn him off.”

“I didn’t see it that way,” Tremblay said.

Hagen referenced witness statements indicating Tremblay said “I hope you die” and “I hope you like getting stabbed, bitch,” after the attack.

Tremblay admitted it’s possible he said that.

Tremblay said he knew Lapoleon lost a lot of blood because he could hear it hitting the ground as he left the scene. Tremblay then ditched his knife in a storm drain.

While he said he intended to turn himself in, Tremblay testified he went home to change his shirt and hide in a trailer to avoid police dogs.

During a nearly one-hour statement to Nanaimo RCMP, Tremblay denied carrying a knife, instead saying it was Lapoleon who attacked him with a knife.

Court was told Tremblay was asked several times by the investigating officer if he wanted to see the surveillance video, but refused.

Tremblay then abruptly admitted to police he carries a knife with him all the time.

Hagen said the nature and commitment to the lie speaks to Tremblay’s credibility.

“It demonstrates his ability to lie to authority even when confronted with the unreasonableness of the lie if he thinks it’s to his advantage.”

Hagen said the stabbing was forceful and delivered in rapid succession. It severed an artery, caused substantial blood loss and Lapoleon required life-saving surgery.

Tremblay’s lawyer argued his client’s actions were reasonable given the circumstances.

Jordan Watt said Tremblay took a few steps back from the advancing Lapoleon and used the knife to defend himself.

“There was no other way to handle it,” Watt said. “He (Tremblay) described that he believed that his hands wouldn’t have been enough.”

Watt said Tremblay didn’t know what the volatile Lapoleon was capable of, citing a significant size difference of nine to 10 inches and 60 to 70 pounds.

Tremblay testified while he had a couple of drinks, he was not intoxicated at the time.

Watt said Lapoleon was drunk, aggressive and out of his mind when he realized his girlfriend wasn’t at home.

Watt questioned the credibility of all the witnesses, who he said did everything they could to describe Lapoleon in a positive light.

“These individuals and the family dynamics that they have are doing everything they can to protect Mr. Lapoleon, to protect the real person that he is,” Watt said.

Watt reiterated Tremblay was not looking for a fight, while he described Lapoleon as the aggressor who attacked a complete stranger.

Tremblay’s criminal record includes a 2012 conviction for brutally attacking a dog in Nanaimo.

Closing submissions are slated to conclude Thursday.

The case is being overseen by Justice Joyce DeWitt-Van Oosten.

 

ian@nanaimonewsnow.com

On Twitter: @reporterholmes