A picture of Kenny Morin leaving Court of Queen's Bench on Thursday. (Nigel Maxwell/ paNOW Staff)

By Nigel Maxwell

Court proceedings

Morin murder trial day 4: the assault and the arrest

Jan 20, 2022 | 5:00 PM

The violent circumstances that led to a well known Prince Albert city bus driver’s death were played out in court on day four of Kenny Morin’s murder trial at Court of Queen’s Bench in Prince Albert.

The 22-year-old is facing charges of second degree murder and robbery, in connection to the March, 2020 death of David Maxemiuk.

Sgt. Lisa Simonson, the lead investigator in the case, represented the Crown’s final witness. As part of her testimony, over half a dozen video clips were played for the court; recorded from various home security cameras and a security camera at Georgie’s Cold Beer and Wine Store, where Morin went following the assault.

Within the footage, three individuals can be seen walking down the alley behind the victim’s residence in the 200 block of Ninth St. E. At one point Morin turns and goes back to the open garage where Maxemiuk had just parked his vehicle – returning from a trip to the grocery store.

Morin enters the garage and it’s suggested a brief interaction takes place. Morin then exits the garage and talks briefly with the man he had arrived with, then the man walks away. Moments later Maxemiuk emerges from his garage.

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“He’s followed by the accused who pushes him down and begins to assault him,” Simonson explained, adding at one point Morin can be seen stomping on Maxemiuk.

A picture taken of the back alley where Maxemiuk’s body was found. (Nigel Maxwell/ paNOW Staff)

The entire assault lasts just under a minute and then Morin walks to the corner of Third Ave. E. and Ninth Street and takes a taxi to Georgie’s Cold Beer and Wine Store where he purchases alcohol. Another video shows paramedics arriving, finding Maxemiuk lying unconscious on his back.

When given the opportunity to cross-examine Sgt. Simonson, defence lawyer Michael Nolin inquired what happened to the other two people seen with Morin. To which Simonson confirmed both had been detained and provided warrant statements.

Nolin proceeded to ask questions about the investigation, and the witnesses interviewed as part of the over 500 page file. Nolin made specific reference to a woman who had complained she had been assaulted by Morin 15 minutes after the incident involving Maxemiuk. Nolin suggested she could perhaps provide better details of Morin’s state of mind, inferring he was intoxicated.

Also noting his own frustrations that the Crown had not called the two eye witnesses, nor the woman who had allegedly been assaulted by Morin, Nolin explained his resources as a legal aid lawyer are short, and he had been unable to locate the woman.

“I don’t have an army of investigators,” he said. “I can’t even say she’s still alive.”

Morin’s arrest

Cst. Brock Acorn testified that around 8:30 p.m. on March 15, he was dispatched to an assault call in the 200 block of 15th St. W. (unrelated to Maxemiuk). Upon arrival at the 7-Eleven convenience store, Morin was observed standing outside a second police vehicle, and was soon after loaded in.

The officer, whose job that night was to provide oversight of the scene, in case anything escalated, said Morin showed no visible signs of intoxication.

Nolin asked the constable if he was aware of a report that said Morin had been asking for a ride and was not making a lot of sense. The constable replied he had not.

During the proceedings Thursday morning, portions of a 37 minute video were played for the court, taken from a cell block camera at the Prince Albert Police station.

In the video Morin can be seen responding to directions when asked by the officers to remove his shoes and jacket. Cst. Curtis Stasiw, who assisted with the processing, and also securing Morin’s private property, said Morin showed no signs of intoxication.

“He was steady on his feet,” he said.

Over 20 years, David Maxemiuk helped greet the city’s transit users. (Submitted photo/Erin Allard)

Maxemiuk, 60, passed away in hospital on March 20, 2020. According to Dr. Andreea Nistor, the person who performed the autopsy, the official cause of death was blunt force trauma to the head and torso.

Four of Maxemiuk’s credit cards were found in Morin’s pocket.

Two weeks have been set aside for Morin’s trial, but it’s not expected to take that long given the fact that Morin has taken responsibility for causing the death, but defence is arguing he should be sentenced on a lesser charge of manslaughter.

The case has been adjourned to Monday. Nolin indicated he may call up to three witnesses including Morin.

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nigel.maxwell@pattisonmedia.com

On Twitter: @nigelmaxwell