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Brief exchange over a cigar led to fatal confrontation on Saint John boardwalk

The punch that appeared to knock out 54-year-old Anthony Dwyer is not in dispute.

In their opening remarks, Crown and defence lawyers both agreed that 21-year-old William Ronald Jordan punched Dwyer once in the face before he fell over backward on the Market Square boardwalk in Saint John and struck his head.

Defence lawyer James McConnell told the jury Tuesday morning that his client threw the punch in self-defence.

While not obligated to do so, McConnell said, his client will testify to explain how the interaction with Dwyer made him feel afraid, and how he believed his only option to avoid becoming the victim was to punch Dwyer.

Jordan is charged with manslaughter in Dwyer's death and is being tried by a judge and jury.

By mid-morning, Mr. Justice Darrell J. Stephenson informed the 12 jurors that one of them had been excused. The trial will continue with 11 jury members.

The details of why the juror was excused were discussed without the jury present so are protected by a publication ban.

Roger Cosman/CBC
Roger Cosman/CBC

In their opening remarks, both Crown and defence described a similar picture of what happened on the boardwalk on July 13, 2018.

Both agree that Jordan and Dwyer were there with separate groups of friends to watch live music on the boardwalk stage. They also agree that 54-year-old Dwyer approached then-19-year-old Jordan, who was standing with two friends.

Crown prosecutor Jeremy Erickson told the jury that Dwyer inquired about a cigar Jordan was smoking.

McConnell said Dwyer "demanded he hand over a cigar he was smoking" and became "agitated" when Jordan refused.

He said Dwyer "jabbed him in the throat" and that's why Jordan threw the punch.

Security footage from a nearby restaurant shows the brief interaction in a grainy video entered as evidence on Tuesday afternoon. It shows a person falling over backward without an obvious attempt to break the fall.

McConnell said Dwyer hit his head on a hard surface, and it was that injury that eventually led to Dwyer's death.

Roger Cosman/CBC
Roger Cosman/CBC

The first witness called by the Crown was Const. Matthew Weir, an officer with the forensic identification section of the Saint John Police Force.

He said he was asked by the lead investigator in the case, Chris McCutcheon, to isolate and enhance video surveillance footage taken of the incident by a nearby security camera. The incident happened after 11 p.m., so the area is poorly illuminated by street lights and light from local restaurants and bars.

He was able to isolate approximately 20 seconds of video that was entered into evidence Tuesday afternoon.

Const. James Smith, another member of the forensic identification section, then presented a binder of five photos that was also entered as evidence, including photos of a package of Captain Jack cigars that was found in the clothing taken from Dwyer at the hospital.

Bouncer Nick Bynkoski was working the night of July 13, 2018 and he was talking to a colleague, Shawn McKiel, when he noticed Dwyer approach Jordan and his friends. Although he couldn't hear the exchange, he said he could tell by the facial expressions of Jordan and his friends "that it wasn't a pleasant conversation." He said that's why he continued to watch the group.

He said he saw Jordan swing a closed left fist and punch Dwyer in the face.

"It looked like he was unconscious as soon as he got hit," said Bynkoski.

He said Dwyer fell over backward, making no attempt to break his fall.

Under cross-examination by McConnell, Bynkoski said it was possible that he missed parts of the exchange and said Dwyer could have struck Jordan first.

McKiel said he heard a "slap sound" while he was talking to Bynkoski and turned around in time to see Dwyer fall backwards, hit his head on a pillar and then the ground.

He said he called 911 and stayed on the phone relaying information from two emergency room nurses who happened to be on the boardwalk at the time and tended to Dwyer.

The trial will continue Wednesday morning.