Defence argues it was Winnipeg Transit driver, not accused, who produced weapon during fatal altercation

Lawyers representing Brian Thomas, a 24-year-old who stabbed a Winnipeg Transit driver to death in 2017, told jurors Wednesday he acted in self-defence.

Brian Thomas is fighting a second-degree murder charge in the death of Irvine Jubal Fraser. The 58-year-old was stabbed to death just before 2 a.m. on Feb. 14, 2017, at the University of Manitoba's Fort Garry campus, during an altercation that followed his attempts to get Thomas off the bus.

In his closing address at the jury trial on Wednesday, defence lawyer Evan Roitenberg alleged it was Fraser who first produced a weapon — a knife, scissors or some other sharp object — and Thomas picked it up off the ground when Fraser dropped it.

"[Fraser] had control until Brian reached for an item on the ground," said Roitenberg.

It's a heavyweight against a lightweight if I ever saw one.- Defence lawyer Evan Roitenberg

Fraser was much larger than Thomas, the court heard. Fraser was 6-2 and 240 pounds, while Thomas is around 5-5 with a slight build. 

"It's a heavyweight against a lightweight if I ever saw one," Roitenberg said.

The defence lawyer said there's no doubt Thomas stabbed Fraser, which he called a tragedy — but it was Fraser who escalated the confrontation, he alleged.

Roitenberg urged the jury to watch video taken on board Fraser's bus the morning he was stabbed frame by frame. In shadows cast by streetlights, he said, they can see Fraser's left arm outstretched and Thomas trying to block him while the two struggled outside the bus.

During the closing address, Roitenburg said cuts on Thomas's right ear, which required stitches, were not from being dragged along ice during his arrest, but from the sharp object he says Fraser was wielding.

Accused lured driver into fight: Crown

Crown prosecutor Keith Eyrikson, who presented his closing address before Roitenberg, pressed the jury to reject the self-defence argument.

Thomas lured Fraser to fight so he could stab him and get revenge for being kicked of Fraser's bus, Eyrikson argued.

Video surveillance taken on board Fraser's bus and Bus 806 — a second bus that pulled up behind Fraser's at the U of M— shows two phases of a confrontation between the two men. 

The video from the second bus was not released to media.

The video from Fraser's bus shows the driver becoming angry after asking Thomas to get off his bus multiple times. Eyrikson said Fraser asks Thomas to leave 25 times.

When Thomas refuses to budge, Fraser grabs him and forcefully pushes him of the bus.

Thomas then taunts and spits on Fraser, who then pursues Thomas outside the bus. Fraser can be seen being stabbed seconds later.

Being kicked off the bus shouldn't engender murderous rage.- Crown prosecutor Keith Eyrikson

In the Bus 806 video, which is much more grainy and difficult to make out, two men can be seen in a struggle. One seems to make swinging motions.

"This case is not about what happens on the bus, it's about what happens off the bus," said Eyrikson.

"The accused wants [Fraser] outside so he could hurt him."

Eyrikson also argued Thomas had relatively few injuries, and that no witnesses testified at trial they saw Fraser hit or strike Thomas.

The Crown asked the jury to reject the idea Thomas was provoked and convict him of second-degree murder, not the lesser charge of manslaughter.

"Being kicked off the bus shouldn't engender murderous rage," the Crown said.

Justice Glenn Joyal told the jury to return to court Thursday morning to receive their instructions before they begin deliberations.

Thomas's trial began on Jan. 21 at Winnipeg's Court of Queen's Bench.