Vern Leonard Smith, 37, is on trial for allegedly stomping his brother Walter to death during a November 2010 fight in their mother's Edmonton home. Court has heard that Vern Smith repeatedly kicked his brother after Walter Smith drunkenly stabbed him with a knife.
Defence lawyer Naeem Rauf told the jury in his closing arguments that Vern was a peaceful man who had no choice but to stop his brother's violence, especially considering there were two children in the home at the time.
"Mr. Vern Smith was clearly defending himself against a madman on a rampage," Rauf said. "Vern Smith did what he could. It may not have been perfect."
Karen Smith testified her son Vern suffered a stab wound to the arm before he disarmed his brother. The two then fought again, she testified, and Vern eventually carried his brother downstairs and said he needed a hospital. Walter Smith died of head injuries the next day.
The fight began when Vern Smith broke up a previous fight between his brother and a cousin who lived in the basement of the home.
Vern Smith told police he'd kicked his brother several times in the head to keep him from getting up, but did not intend to kill him. After the fight was over, Walter apologized to his brother before being taken to hospital, court heard.
Crown prosecutor Robert Beck painted a different picture of the accused, saying he didn't have to resort to such violence to stop a brother who had bullied him his entire life. Walter Smith was not a direct threat when he was fatally injured, Beck said.
"Once Vern Smith disarmed his brother, he could have spared Walter's life. Vern Smith chose to stomp on Walter's head."
Vern Smith was more than 100 pounds heavier than his brother, who also had an injured leg after being struck by a vehicle weeks before. The smaller man could have been easily subdued, Beck said, but Vern Smith chose to cause serious injury or death to his brother.
Court has heard that Vern was bullied and beaten by Walter and "finally had enough," Beck said.
"We all have to pay for our actions," the prosecutor said. "There are indeed consequences for our actions."
Court has heard that Walter Smith had a history of violence. He was once convicted of murder after he and others beat a homeless man with baseball bats in some sort of satanic ritual. The conviction was later overturned, but Karen Smith testified her son bragged that he was guilty of the crime.
Vern Smith told police about his poor relationship with his brother the night Walter died.
"He's been beating on me his whole life. I'm pretty good at dodging his punches."
The jury is scheduled to begin deliberations Friday.
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