The irrational man in the parking lot of a Kelowna restaurant on the night of February 27th 2016 was extremely obnoxious and aggressive, swearing and screaming, challenging anyone and everyone to a fight.
That’s when another man, a former mixed martial arts fighter trained in Brazilian jiu-jitsu, suddenly stepped out of the crowd and punched Zachary Gaudette once to the head.
The blow ruptured a blood vessel and the 30-year-old died two days later of a brain bleed.
Cory Van Gilder, 26, is on trial accused of manslaughter.
Testifying in his own defence Thursday, Van Gilder claimed the fatal punch was self defence saying he was protecting himself and others from a crazy individual.
He told the jury: “I took a couple steps towards him and he turned towards me. As soon as he turned towards me I hit him.” Van Gilder then broke into heavy sobs and the judge called a recess.
He testified he had no option but to punch Gaudette, saying Gaudette would have attacked someone if he didn’t hit him.
But in cross examination, the prosecutor pointed out several other options such as returning to his friend’s vehicle, phoning police or simply walking away.
Van Gilder responded he didn’t want to turn his back on the man but agreed with the prosecutor’s suggestion that he could have walked backwards.
He also explained he was concerned Gaudette may have had a weapon and it all happened so quickly.
The trial resumes Monday when the lawyers make their final submissions to the jury before it begins deliberations.
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