A photo taken last January of Kenny Morin leaving Prince Albert's Court of Queen's Bench. (Nigel Maxwell/paNOW Staff)

By Nigel Maxwell

Court proceedings

‘This is not a situation where death is the obvious consequence’: not guilty verdict in bus driver murder case

Apr 8, 2022 | 12:00 PM

Citing a lack of evidence to show intent to kill, Court of Queen’s Bench Justice G.A. Meschishnick has found Kenny Morin not guilty of second degree murder.

Instead, the 22-year-old will be sentenced on a lesser charge of manslaughter for the death of David Maxemiuk in March 2020.

According to the agreed statement of facts, Maxemiuk, having just returned from a trip to the grocery store, was standing outside his garage when he was attacked and knocked to the ground by Morin.

While the exact motive is not clear, testimony heard during the trial last January referenced Morin asking Maxemiuk for a cigarette, and then somehow being disrespected.

After kicking Maxemiuk multiple times in the head and body, Morin then took his wallet and was arrested later that night with four of the victim’s credit cards still in his pants pocket. Defence argued Morin was too intoxicated at the time of the assault to be aware of what he was doing.

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Justice Meschishnick disagreed and based his decision on security camera footage, he claimed showed Morin was in control.

To convict a person of second degree murder, there must be no reasonable doubt with respect to intent. During the trial Morin himself testified he did not intend to kill Maxemiuk, only hurt him.

“I noted an air of sincerity when he looked at me and told me so,” Meschishnick explained, adding Morin was not cross-examined by the Crown and so he had no reason to change his assessment.

While further noting the extreme force Morin appeared to use during the assault, Meschishnick said no gun or knife was used to inflict wounds that would obviously be fatal. The assault was carried out with fists and feet.

“This is not a situation where death is the obvious consequence,” he said.

A number of Maxemiuk’s family members were present in court for the hearing, including Maxemiuk’s wife, who was observed crying when the verdict was read.

Sentencing has been scheduled for June 29. A conviction for manslaughter carries no minimum sentence but typically falls in the range of four to 15 years.

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nigel.maxwell@pattisonmedia.com

On Twitter: @nigelmaxwell