Things were not quite as they seemed in an alleged second-degree murder case held in Sudbury court Friday.
Henry Stefanczuk, 56, has been in prison since Aug. 1, 2007, following a stabbing incident at the Park Hotel. Roger Giguere and the accused reportedly got into an altercation at the bar, which ended in Stefanczuk pulling a knife and stabbing Giguere in the upper flank.
The wound measured approximately an inch in length and three inches in depth, and bleeding from the injury was minimal. It was described by a doctor as “relatively superficial.”
Giguere was taken to hospital with the “non-life-threatening” injury and all vital signs were stable. However, at the request of his wife, he was kept in hospital overnight.
Around 5:30 am the following morning, the man went into cardiac arrest and slipped into a coma. Five days later, Giguere died.
A warrant was issued for Stefanczuk's arrest and his charges were upgraded from assault to second-degree murder. He was taken into police custody 12 hours after Giguere's death.
However, when the court session began Friday afternoon, the Crown made no mention of the second-degree murder charge and sought an arraignment instead for a charge of aggravated assault.
“(The autopsy) shows the stab wound did not contribute to Roger Giguere's death,” the Crown said. “The most important conclusion, which we (the Crown) accept, is the doctor writes, 'although there was a relatively short time between the stab wound and the cardiac arrest, there is no pathological connection between the two.”
Although Giguere's widow, Heather, was unaware of any heart conditions her husband had, defence attorney Terry Waltenbury said the autopsy report listed a number of preexisting medical problems.
Stefanczuk expressed his remorse to the judge, and said he would take that day back if he could.
“Though I had a legitimate reason to go to the Park Hotel that day, I should have known better and I take full responsibility for getting into that situation,” he said.
He also offered an sincere apology to Giguere's family members, three of which were present in the courtroom.
Justice William Fitzgerald determined, though the death was tragic, the evidence presented had significantly altered the nature of the proceedings.
“While the evidence understandably affects the nature of the proceedings, it doesn't change much of the tragic nature of the situation for those close to Mr. Giguere,” he said. “Whatever happens today doesn't bring him back, and doesn't make the tragedy any less significant.”
Fitzgerald accepted a joint submission from the Crown and defence. He accepted a two-for-one credit for the time Stefanczuk had already spent incarcerated – eight months – and sentenced him to a further year in prison.
Following his release, he will be put on probation for two years with a set of conditions, which include no contact with Giguere's family and a lifelong weapons prohibition.
For more information on the proceedings, see Tuesday's Northern Life.
