Closing arguments presented at McKay murder trial

Jason McKay stabbed his wife Jenny to death, but it wasn't murder, argued his lawyer. 

"There's no doubt that what happened to Jenny McKay in September 2017 was shocking, gruesome and horrific," said defence lawyer Thomas Hynes during closing arguments at the second-degree murder trial Monday at Regina's Court of Queen's Bench. 

Hynes said it's clear Jason killed 33-year-old Jenny. However, he said the judge must determine murder or manslaughter, and asked the judge to choose the latter.

He said Jason was too intoxicated to form the intent necessary for murder. He said the combination of alcohol and antidepressants led to a blackout state, which prevented Jason from appreciating the consequences of his actions.

But Crown prosecutor Adam Breker said the act itself, "a particular, brutal killing," was not open to interpretation.

​Hynes said its the defence theory that a struggle between the couple ensued after an evening of drinking, before "Jason McKay loses control, grabs a serrated knife and kills Jenny McKay — likely quickly." He suggested Jenny may have provoked Jason, pointing to bruising on her knuckles. 

A forensic pathologist found that Jenny had suffered several cut and stab wounds, before and after death. He thought it would have taken her at least five minutes to die. Breker said Jason switched knives at least twice, and when police arrived one remained in Jenny — plunged deeply in her chest. 

Breker suggested Jenny had been pinned down hard for the duration of the attack and said Jenny had defensive wounds on her hands, while Jason had no injuries. 

"She was fighting for her life as long as she could," Breker said. 

Jason testified last week he stabbed her after voices said "kill her, she has no heart," and seeing visions of her with a dagger. 

Breker accused Jason of trying to confuse, distract and distort evidence with this narrative — different from what he told police after his arrest. Jason testified he couldn't remember making any statements to police in the hours after his arrest, and suggested his memory blackouts extended past that period, up to 35 hours past his arrest.

Breker said he was troubled by the defence's pharmacology expert who said Jason had alcohol-induced amnesia, providing opinion based almost only on the word of the accused. He also took issue that the expert had not watched the recordings of Jason taken immediately after his arrest. 

Breker said McKay might have been drunk, but he was able to orient to the time and space around him. 

Crown points to history of violence

Jason had testified earlier in the trial about a loving relationship with Jenny, but Breker disagreed. He suggested this wasn't a one-time occurrence of lost control, rather it was the time "Jason McKay finally snapped on his wife and killed her." 

He spoke about the allegedly tense days leading up to Jenny's death. Witnesses had described past violent instances and said Jenny wanted to leave the relationship. Breker noted Jenny tried to make new living arrangements, but Jason showed up an hour before her to intervene and then eventually begged her to come home.

Breker suggested one incident ended up being "predictive" of what was to come. Jenny had called 911 in the days before her death, asking for help, after Jason showed up at their house following a dispute. Recordings from that night show Jason making utterances like "you think you're funny Jenny ... I'll smash your head in." 

Justice Michael Tochor is expected to return with a verdict Friday afternoon.