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

By Nigel Maxwell

Court proceedings

Bus driver murder case now in hands of judge

Jan 31, 2022 | 8:00 AM

The question of whether Kenny Morin intended to kill David Maxemiuk is now in the hands of a Saskatchewan Justice.

The trial for the 22-year-old wrapped up on Friday afternoon at Court of Queen’s Bench in Prince Albert. He stands charged with second-degree murder and robbery in connection to the death of David Maxemiuk in March 2020.

Around 12:30 p.m., the 60-year-old former city bus driver was found by a neighbour, lying on his back, unconscious, and near his garage. One of the police officers who arrived on the scene testified during trial Maxemiuk was “unrecognizable” due to the amount of swelling on his face and head. He passed away in hospital five days later.

Morin in turn was arrested later that day in connection to a separate assault complaint and found to be in possession of four of Maxemiuk’s credit cards.

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

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According to testimony heard in court, Morin and two others had passed by Maxemiuk’s open garage, then Morin went back and asked for a cigarette. While it’s unclear whether Morin went into the garage, Morin testified he knocked Maxemiuk to the ground, believing Maxemiuk had disrespected him.

While Morin admitted to stomping on Maxemiuk, lawyers disagree whether it was two to three times or as many as ten, as a fence was blocking the surveillance camera’s view of the alley.

Defence argued Morin was too intoxicated to know what he was doing and so should be sentenced for manslaughter. During the trial, evidence was discussed regarding the various levels of cocaine and meth had Morin had used earlier in the day. Morin also testified he “wasn’t trying to kill” (David Maxemiuk), just hurt him and take whatever he had.

Reiterating the fact he was not asking for an acquittal and pointing to a number of unknowns in the case such as the type of shoes Morin was wearing at the time of the assault, and the condition of the back alley itself, defence lawyer Michael Nolin said there was a complete lack of evidence to show Morin’s actions had caused the death.

“That’s a very high standard,” he said, referring to the charge of second-degree murder.

Crown lawyer Kristen Hubbard, who opted not to cross-examine Morin when given the opportunity during the trial, argued Morin’s actions and movement on the video surveillance footage showed he was still in control when he attacked David Maxemiuk.

Hubbard cited the fact Morin was aware enough to take Maxemiuk’s wallet, walk to a family member’s house, call a taxi, get into a taxi and then go to a nearby liquor store and purchase alcohol.

She added while Morin may claim he had not have intended to kill Maxemiuk, he knew his actions (stomping on his victim’s head) could have fatal results. Hubbard also pointed to the fact Morin didn’t say he didn’t know Maxemiuk would die.

The verdict is expected on April 8.

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nigel.maxwell@pattisonmedia.com

On Twitter: @nigelmaxwell