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Trial for last winter’s brutal assault ends with details still in doubt

Oct 27, 2015 | 4:34 PM

The trial is over but the future is uncertain for Dustin Durocher, who is on trial for aggravated assault against Lee Constant last winter.

Durocher’s friend Andrew Simonot was the only witness called in the second and final day of trial. The judge noted his testimony was the “most impartial testimony of the whole trial.”

Simonot admitted to not seeing all of the fight between Lee Constant and Durocher, which left Constant in a coma. 

He was moving from his bedroom to the living room throughout the night as Constant and Durocher sparred several times.

Simonot contradicted much of Constant’s testimony during his two-and-half hours on the stand.

He said Constant confronted him in the washroom twice, which Constant had not mentioned.

Those two incidents resulted in Simonot being thrown into the bathroom wall the first time, and into the bathtub the second time.

Simonot testified he had not felt safe in the house with Constant around.

According to him, Constant had blocked the bathroom entrance and did not let him leave. Constant also allegedly smashed his fists together and asked Simonot if he “wanted to smash.”

Details about how Constant came to be lying unconscious in the basement covered in blood came to light. Simonot said Constant had attempted to lean against a ledge at the top of the basement stairs and fell back, and had not been pushed.

Constant had been found with his shirt off, with his pants and underwear pulled down to mid-thigh. There was no explanation for how his clothes came to be that way.

In the basement, Simonot said he and Durocher went down to make sure Constant was okay, at which point Constant bit Durocher on the leg, prompting Durocher to hit Constant until he stopped.

Constant had said in his testimony he was mad at Simonot for Facebook messages Simonot had sent to Constant’s girlfriend.

Simonot said the issue was never brought up, and he didn’t know why Constant had come after him that night.

He also clarified he worked at the Northern Lights Casino, not Belly Up Bar & Grill like his friend Billy Brunet had testified the day before. 

Police had found Durocher outside the house the night of the incident in only his bloody socks and underwear.

Before the officers could enter Durocher told them he’d “beat the f— out of him.”

That statement was the backbone of the Crown’s closing statement. The Crown argued Durocher’s defensive actions against Constant had turned offensive, and he had beaten Constant when his opponent was down.

The Crown also noted Constant was large, over six-foot and weighing more than 300 pounds, and a weapon would have been needed to bring him down.

Durocher’s defense council countered that there was no weapon, and Constant received his most serious injuries during his fall into the basement.

No weapon had been fully identified during the trial.

Defense also called Constant a “drunk, stoned bully who refused to leave.”

Defense witnesses Simonot and Brunet both alleged they had repeatedly asked Constant to leave, but he refused multiple times.

Durocher’s lawyer said Constant was “completely unreliable because of alcohol and drugs,” and was making stuff up because he didn’t remember what had actually occurred.

The first day of trial saw Constant take the stand, along with officers Cst. Butcher, Cst. Verge, and Cst. Luke Torgunrud.

Constant earlier testified he’d initially started a fight with Simonot by shoving him, and the Durocher entered the fight and beat Constant into unconsciousness.

He had also admitted to having 16 drinks and a small amount of cocaine that night.

The verdict is set to be handed down Nov. 5.

ssterritt@jpbg.ca

On Twitter: @spencer_sterrit