The defence for Ken Price, on trial for second degree murder, is self defence.
“This is not a who done it,” defence lawyer Geller told the 12-member jury.
“We know who did it – this is self defence.” Defence painted a picture of deceased Albert Boivin as a man with a lengthy criminal past and an extremely violent nature, including: assault, assault with a weapon, aggravated assault and sexual assault. July 22, 2009 RCMP responded to a call at the “brown cabins” on Lewis Drive.
Once there, RCMP witnessed one man lying on the ground, later identified as Boivin, another man outside Boivin’s residence (Price) and another female near the body of Boivin. Defence and crown agree the three were in the cabin drinking and doing drugs when Boivin suggested sexual contact between Price and the woman in attendance. The contact did not occur.
“He [Price] has known this woman for many years,” defence said, adding it is defence’s position Boivin had a sense of “entitlement” over the woman and this was not the first time he instructed the woman to perform sexual acts on himself or others.
“You will hear he [Boivin], after sexual contact was refused, went in to assault her,” defence said. “Mr. Price then confronted Mr. Boivin, who grabbed Price by the throat and started chocking him.” Defence then said both men went for a knife.
“It is then, in a life and death struggle, Mr. Price stabbed in any way he could to make Mr. Boivin release.” The woman called 911. First on the scene was Corporal Myers. Upon arrival, Myers said she witnessed Price standing outside Boivin’s cabin, a man on the ground outside cabin number two (directly to the right of Boivin’s residence) and a woman near Boivin. “What did you say upon arrival?” Crown Jennifer Johnston asked.
“Holy shit, what happened?” Myers replied. “And what did he [Price] reply?” Johnston asked. “He said something like ‘Albert came at me and I beat the shit out of him and now I think he’s dead,” Myers answered. Price was arrested, detained in Cst. Anthony Fletcher’s RCMP truck and charged with aggravated assault. BC Ambulance attended the scene and pronounced Boivin deceased; Price was then charged with murder. “Did you notice any injuries on Mr. Price,” Johnston asked Myers.
“None that I noted,” Myers replied. Defence then asked Myers to clarify whether any RCMP member asked Price what he meant by “he came after me.” “I have no idea,” Myers said. Second to take the stand was Corporal Sardinha, who executed the search warrant on Boivin’s home post incident. Sardinha testified he was familiar with Boivin and his criminal record, drug involvement and prior offences. “We charged him several times for different offences,” he said, adding Boivin was one of the “main drug traffickers.”
“We saw him almost every day.” Sardinha testified Boivin was a “very violent individual, but never violent with RCMP.” “Would you say he was capable of unpredictable violence?” defence asked. “Yes,” Sardinha replied. Third on the stand was Corporal Bahi, the officer in charge at time of incident. Bahi was questioned on Price’s emotional state and signs of intoxication. “He was very emotional,” Bahi testified. “He wasn’t violent in any way and was cooperative.”
Bahi also testified he smelled alcohol on Price’s breath. Crown then questioned whether Bahi noticed any injuries on the defendant. “Not that I noticed,” she replied. Check Friday’s Observer and online for autopsy findings and further testimony.