THUNDER BAY — The Crown and defense counsel agree that Jesse Allen stabbed his brother twice in the chest in an unprovoked attack, but it will be up to a jury to determine if Allen intended to end his brother’s life.
Opening submissions were heard on day one of the second-degree murder trial for Allen, 41, in a Thunder Bay courtroom on Tuesday.
Allen has pleaded not guilty to second-degree murder for the stabbing death of his 18-year-old brother Wayne Allen on Jan. 31, 2021 in Manitouwadge.
“This case is not a complicated one. Unfortunately, it is a terrible and heartbreaking one,” said Crown attorney David Isbester. “The life of Wayne Allen ends with his brother Jesse Allen stabbing him twice in the chest in front of their father and a friend.”
During his opening, Isbester took the jury through the events of Jan. 31, 2021 and the evidence the Crown will call throughout the trial.
According to Isbester, Jesse Allen was working away from home as an electrician and returned to Manitouwadge on Jan. 30, 2021.
On Jan. 31, Jesse Allen and a friend planned to take some garbage to the dump and they stopped at Allen’s father’s home on Flicker Avenue where he was living with Wayne Allen.
Both his father, Glenn, and Wayne greeted Jesse with a hug. Wayne then returned to the couch while Jesse, Glenn, and his friend sat at the kitchen table.
Jesse and Glenn were smoking marijuana and his father attempted to engage him in conversation but he only smiled and nodded without saying any words.
“Suddenly, you will hear from the witnesses, Jesse Allen put the joint out in the ashtray, got up from his chair, went to where his brother Wayne was sitting on the couch,” Isbester said. “He stood over him, took his buck knife and stabbed him twice in the chest. No one heard any words spoken before he stabbed him.”
After the two others realized what was going on, Jesse was heard to say: “How do you like that dad, killed two birds with one stone.”
“Glenn went to help his fallen son Wayne but it became clear to him that the irreparable damage had been done,” Isbester said.
Jesse then folded the buck knife, spun it in the air, and let it fall to the floor.
Before paramedics arrived, Jesse Allen is said to have yelled in his father’s face that Wayne was not dead and he was going to get up.
According to Isbester, the two stab wounds penetrated Wayne Allen’s heart and lungs, resulting in his death.
Isbester instructed the jury to pay close attention to the testimony of the two witnesses inside of the residence at the time of the attack and the arresting officer, “to help you determine Jesse Allen knew exactly what he was doing when he plunged that knife into his brother’s chest.”
“There was nothing impairing his ability to inform the intent to kill his brother or impairing his ability to understand that the harm he was inflicting on his brother was likely to cause his death,” Isbester added. “This case is not complicated. He stabbed someone twice in the chest with a 9.5 centimetre blade.”
Defense counsel George Joseph began his opening submission by telling the jury that this is a very rare case.
“It is a case where the defense agrees with the Crown on almost all of the evidence you will hear in this trial,” Joseph said.
Where the Crown and defense disagree, Joseph said, is whether or not Jesse Allen intended to cause the death of his brother.
“The answer to that question is the only issue the Crown and defense disagree on is the charge. The Crown says second-degree murder and the defense says manslaughter,” Joseph said.
“The difference between murder and manslaughter will be fully explained to you. To put it simply, for the Crown to be right, they will have to convince you that Jesse Allen meant to kill his brother, not just that he caused the death of his brother. You will have to try to get inside the mind of Jesse Allen and whether he had the intent to kill his brother.”
Testimony opened on Tuesday with the forensic officer who processed the scene at the Flicker Avenue residence.
The friend who was present inside the residence also took to the stand on Tuesday, sharing details of what he saw on Jan. 31, 2021.
According to his testimony, he had known Glenn and Jesse Allen all his life growing up in Manitouwadge.
He asked Jesse if he wanted to come to the dump with him and he picked him on January 31. The witness then realized he needed to stop at Glenn’s house.
Inside the house, Glenn, Jesse, and the friend were sitting at the kitchen table talking when Jesse got up without saying anything and approached Wayne.
“I looked over and it looked like he was punching Wayne and Glenn yelled and pushed him over or tackled him and then I just remember Glenn’s face to call an ambulance,” the witness testified.
The witness then called 911 and ambulance arrived. According to the witness, Jesse appeared normal that day.
“Nothing that made me think something was happening at the time,” he said.
Testimony will continue on Wednesday.
