LETHBRIDGE – David and Collet Stephan sat intently Friday while their lawyer, Shawn Buckley, addressed the 12 people who will decide their fate.
The couple was charged after their nearly 19-month-old son Ezekiel died after contracting bacterial meningitis in March 2012.
They didn’t seek medical attention until he stopped breathing, when they called 911. The couple believed that Ezekiel, who had been sick for weeks, had croup and the flu and had treated him with natural ingredients including hot peppers, garlic, onions and horseradish.
Watch below: Global’s ongoing coverage of the David and Collet Stephan trial
During Buckley’s closing remarks to the jury, he said, “the Crown is going to have to prove every element of the offence.”
He added his clients are presumed innocent and it’s each jurors’ personal responsibility to determine if the Crown has proven without a reasonable doubt the parents endangered their son’s life.
“David and Collet are relying on you to be true to your oath,” Buckley said.
He reiterated several times that timing is critical in this case.
“Does it matter whether seeking medical attention could, not would, have made a difference?” he asked.
READ MORE: Parents of Alberta boy who died from meningitis thought he had cold or flu – defence
When asking the jury to consider why Ezekiel died, he pointed out a number of things, including:
- The Glenwood ambulance was not called to respond, according to multiple witness accounts;
- The Cardston Ambulance was ill-equipped with the right-sized bag air mask and tube and that Ezekiel went without an airway for eight minutes and 11 seconds, according to paramedic testimony.
He also said in Dr. Anny Sauvageau’s opinion, the toddler had viral meningitis and died of what she called a “paramedic misadventure.”
He pointed out there were three people who saw Ezekiel prior to when he stopped breathing, and said none of them saw a reason to seek medical attention: community member Doral Lybbert saw them at church, and testified Ezekiel appeared fine. His grandfather Anthony Stephan saw him the day before 911 was called and said he appeared fine, and Buckley said family friend and registered nurse Terry Meynder suggested Ezekiel see a doctor, more as a reason to find out what was wrong, because nothing was jumping out at her.
Collet disputes being told to go see a doctor.
Buckley said David and Collet engaged the medical system the second they thought there was a problem, calling 911.
The Crown will give closing remarks Saturday morning.
The prosecution is to deliver its final argument on Saturday and the case is expected to go to the jury early next week.
The maximum penalty for failing to provide the necessaries of life is five years in prison.
With files from The Canadian Press
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