Edgar “Kyle” Smith caused the death of Patrick McGregor on Sept. 7, 2021.
And though it’s not often heard on the first day of trial, particularly one where the accused is charged with second-degree murder (reduced from first-degree early in the process) and dangerous operation of a vehicle causing bodily harm, that was the takeaway in Sudbury District Court on Feb. 4.
Smith is accused of stabbing McGregor before intentionally running him over with McGregor’s own car before fleeing the scene.
Among the tears of a mother who saw her son for the last time, of a sister who happened upon the crime scene, no idea her brother, Pat, had been stabbed and then run over by a car, there was an agreed statement of facts, read into the record by assistant Crown Kevin Ludgate, those submissions changed the course of the trial.
In a similar Sudbury case, Liam Stinson's attorney, as part of his closing statements, invited the jury to find his client guilty, just not of first-degree murder, but rather, manslaughter. Manslaughter is a lesser charge that does not come with an automatic 25-year sentence, and could be the end goal of the defense.
Represented by Mary Cremer and Tyler Schnare, both based in Toronto, Smith has been in custody since his arrest Sept. 9, 2021. Smith faces a jury of 12 of his peers.
That jury has now heard from three Crown witnesses: Christine McGregor, the victim’s mother, Jessica McGregor, the victim’s older sister, and Gregory Hawton, who saw McGregor get struck by the car.
Jessica McGregor testified she spoke with her brother early morning of the day he died, and was expecting him to arrive at her house, becoming concerned when he never arrived. After waiting for hours, she said she left her home to buy cigarettes at the Esso station at the corner of Lasalle and Notre Dame. McGregor said the area was cordoned off, and police told her there was no access to the store.
Hawton testified he was living in Sudbury in September 2021 at an address on Lasalle Boulevard, just up and across the street from the Esso station. He testified he was outside in the early morning hours, unable to sleep. He heard a commotion across the street, and testified it was followed by car doors slamming and people yelling.
He noticed a red car (McGregor drove a red Dodge Magnum) and two men walking towards each other, but he could not hear what they were shouting. He said he hid behind a bush located in his front yard, and while his vision was lessened, he testified he saw a man hit by the car.
“The car pulled out onto the street and ran over the victim, who was standing in the street, and it pushed him (the victim) towards the curb,” Hawton testified. He said the car turned and he heard the sound of the engine get loud, then the driver “drove the car fast and erratic” towards Lasalle and Notre Dame.
When the vehicle was gone, Hawton called 911 and ran to the victim, but testified that while McGregor’s eyes opened slightly, “I judged that there was too much blood for me to do anything,” and described it “draining” and pooling onto the curb.
His testimony elicited sobs from the victim’s mother and sister.
For her part, McGregor’s mother, Christine McGregor, testified she was headed out of town on the day he died in the hopes of finding work for her son. She testified she knew he was dealing drugs, and while she didn’t approve of the manner in which he earned income above the Ontario Works cheque he was getting, she insisted he never keep secrets from her.
It’s why he occasionally made calls about drug deals in front of her, even though she disliked it, she testified.
In fact, as they had a quick bite and catch-up at Wendy’s on the Kingsway during the evening of the day he died, Christine McGregor said her son spoke with the Smith on the phone. She testified her son said Smith had offered to put a $750 silver chain as collateral for a drug purchase. She testified she was surprised at the deal, as her son told her it was for only a small amount of cocaine.
She testified the two made plans to meet at the Esso station at Lasalle and Notre Dame to make the exchange.
He made two more calls while he was with her, before she headed inside her home.
She never saw her son again.
Testimony in the case is scheduled to take four weeks, and hearing from involved police and paramedics this week.
Jenny Lamothe is a reporter with Sudbury.com, covering vulnerable and marginalized populations, as well as housing issues and the justice system.