Trial of man charged in son's death begins in Inuvik

The trial of a man charged with manslaughter in the death of his son began Wednesday in an Inuvik courtroom, with the mother of the deceased giving her recollection of events that led to the death of Gary McDonald.

Wayne McDonald, 57, is charged in connection with the death of his 28-year-old son, Gary, in an altercation in April 2016 in the community of Tsiigehtchic.

The trial began with Crown prosecutor Brendan Green reading an agreed statement of facts: details agreed to by the prosecution and defence.

• Tsiigehtchic, N.W.T., reeling after 2 tragic deaths within a month

Both parties agreed that in December 2015, about four months prior to the fatal night, Gary stabbed Wayne with a knife in Tsiigehtchic, resulting in him having to get surgery. Wayne chose not to press charges.

The prosecution and defence also agreed on the timeline the night before Gary's death. According to the agreed statement of facts, his family was visiting Inuvik for the Muskrat Jamboree. Intoxicated and distraught, Gary called the RCMP on himself. Later, his mother, Nellie, called the RCMP after Gary threatened suicide.

Gary was taken to a cell for the night and released the next morning.

Mother gives emotional testimony

Nellie McDonald, Wayne's wife and Gary's mother, gave her account of the events that followed Gary's release in her testimony Wednesday.

According to Nellie, the family had driven back to Tsiigehtchic from Inuvik on April 3. That evening, they spent time at Nellie's father's house, where Gary lived.

Nellie said that although she didn't see Gary drinking that evening, she "knew something was going on." She said that at about 10 p.m., Gary had a conversation with her in which he said he had thought in the past of wanting to "cut dad's head off."

When it was time for Nellie and Wayne to leave, she testified that Wayne told his son: "Gary, don't be drinking and bringing parties here."

She also testified that Wayne brought up the December stabbing incident, saying he"should bring back the stabbing charge against [Gary]" and agitating him.

It was at that point that Gary lunged at his father, Nellie testified. She demonstrated in court that he was punching his father at the side of his head near his eyes.

I love my husband and I also love my son ... I'm not taking sides.- Nellie McDonald

She said there is a noticeable size difference between the two men: her son was "hefty and strong," while her husband was watching his weight.

At some point, she said, she began to hide the knives in the home, and Gary put his dad in a headlock.

Nellie said she was able to relieve some pressure that her son had on Wayne by pulling on her son's arm. She said that's when her son started coming toward her with "black eyes" and foam coming from his mouth.

Nellie had tears in her eyes as she described this moment in court. She went on to testify that Gary then told her he was going to kill her and Wayne.

After that, Wayne was able to get his son in a headlock and told Nellie to get help, she said. Shebegan calling neighbours and RCMP.

At some point, she handed Wayne the phone to talk to the RCMP dispatcher, she said. Wayne then sat on Gary while he spoke with them. After the phone call, she said, they noticed he was not breathing.

Nellie saidWayne immediately jumped off Gary and administered CPR while calling his name. Neighbours also came in and tried to help.

"I love my husband and I also love my son," Nellie testified. "I'm not taking sides all Wayne was doing was protecting."

Forensic pathologist testifies

After Nellie finished her testimony, the Crown called Dr. Mitchell Weinberg, a forensic pathologist, to testify.

Weinberg noted that the injuries to Gary's neck were spread out and there was "a significant amount of force applied to the neck for some length of time."

In cross-examination Thursday morning, Weinbergrevealed more details.

He said Gary had a blood alcohol content level of .24, but he couldn't say with certainty whether the alcohol impacted his ability to breathe.

Charles Davison, lawyer for the defence,asked Weinberg whether the injuries Gary had on the neck were due to force against his neck or him struggling against Wayne's arm.

Weinbergsaidthat he "can't make the distinction of one or the other, and it could be a combination."

Davison did notcall any witnesses on Thursday.

Final arguments will take place Friday, with Justice Andrew Mahar expected to give his decision on Monday.