Sudbury murder suspect had no intent to kill victim, lawyer argues

The defence made closing arguments Tuesday in the trial of Kyle Smith, accused of second-degree murder in a September 2021 death.

The defence for second-degree murder suspect Kyle Smith argued Tuesday that the evidence shows Smith was defending himself when he stabbed Patrick McGregor in the neck.

McGregor, a drug dealer, was killed around 2:21 a.m. Sept. 7, 2021, just outside of the Esso gas station at the corner of Lasalle Boulevard and Notre Dame Avenue in Sudbury.

Smith has admitted he stabbed McGregor in the neck and ran him over with McGregor’s own vehicle.

But defence lawyer Mary Cremer said in her closing arguments that Smith was acting in self-defence and that events happened so quickly, he didn’t have time to form the intent to murder anyone.

She argued that Smith was trying to get away from the scene and was unaware that he had run over McGregor’s body.

Smith was a drug addict at the time. Late on Sept. 6, 2021, he had arranged with McGregor to exchange a chain worth about $700 for two grams of cocaine worth around $200.

The pair met in a parking lot at an Elm Street restaurant and McGregor handed over 1.5 grams of coke, promising to deliver the rest later. But Smith hoped to somehow get the chain back.

In addition to the monetary value, the chain had sentimental value to Smith. So he stole $200 from his grandfather, with whom he was living at the time, and he hoped to convince McGregor to sell it back to him when he gave him the rest of the cocaine.

McGregor came to Smith’s house – by this time it was after 2 a.m. on Sep. 7 – and gave him another 1.5 grams of coke, a gram more than he was owed.

Smith asked McGregor to wait, went inside and injected about half a gram, and came back outside and got into McGregor’s red Dodge car.

As they drove, he tried to convince McGregor to sell him the chain for the $200.

Smith testified that McGregor became angry and refused.

At that point, Cremer told jurors, Smith had McGregor stop at the Esso. She played the jury video of Smith inside the store, slowly walking around, grabbing two bottles of pop, later returning them and grabbing two cheaper ones when he realized that he didn’t have enough change to pay for them.

Then, Cremer said, he went to the washroom, taking his time in hopes that McGregor would calm down.

“If someone is intending on killing someone, they wouldn’t buy them pop, would they?” she said.

And, she added, if he were intending to rob and kill McGregor, why would he bring him to a public place?

Instead, Cremer said it was McGregor -- who had boasted to his mother that he was getting a $750 chain for $200 in cocaine -- who became angry when Smith kept bothering him about getting the chain back.

Bleeding from the neck

Within seconds of leaving the Esso, McGregor got out of the driver’s side of the car, bleeding from the neck. Cremer said he had attacked Smith with a knife, and that Smith responded by grabbing the knife “and hitting him with it.”

Smith, high on cocaine, then crawled out of the car via the driver’s side door. Cremer said Smith then approached McGregor to see if he was OK and tried to pull his body from the middle of the road.

McGregor ended up near the curb when Smith panicked, his lawyer said, fearing police wouldn’t believe it was self-defence.

So he jumped into the car and drove to Kent Court, hitting a bump he only later realized was him driving over McGregor.

Still high and having trouble seeing, he pulled into a parking lot on Kent. He quickly searched the vehicle for his chain but failed to find it. Smith then fled the area, putting the knife into a fire pit and throwing away McGregor’s cellphone and the key fob for his vehicle.

If his intent was to rob and kill McGregor, Cremer argued, why didn’t he steal the cocaine and cash found on McGregor’s body later by police?

If his intent was to kill him, why would he have McGregor come to his house where he lived with his grandfather?

The fact he stole $200 from his grandfather shows Smith never intended to steal the chain, she argued, but supports the argument he wanted to buy it back from McGregor.

Only stabbed him once

“These are not the actions of someone who wants to rob and kill,” Cremer said.

And if Smith intended to kill McGregor, he wouldn’t have stabbed him only once.

“Mr. Smith didn’t continue to stab Mr. McGregor because he never had the intent to kill Mr. McGregor,” Cremer said.

And if he intentionally tried to run him down with the car, he wouldn’t have moved McGregor away from the middle of the road where it would be harder to hit him with the vehicle.

And when Smith testified about stabbing McGregor, Cremer said he burst into tears, showing emotions she argued were genuine.

“He broke down in tears in front of you. His testimony came from his heart,” she said.

“You can’t fake that. That was Mr. Smith’s true emotions … He said it felt wrong. Those are not the words of someone who wanted or intended to kill someone.”

She reminded jurors they can’t find Smith guilty of murder if they think “maybe” he did it or even if they think he “probably” did it.

They must believe it to be true beyond a reasonable doubt.

“These principles are not to be looked on as fancy lawyer tricks to get the accused off,” Cremer said.

“We are all subject to the same process.”

The Crown makes its closing remarks Wednesday morning, after which the judge will give instructions to the jury before they begin deliberations.