‘He was about to clock me,’ accused tells court
The man at the centre of a manslaughter trial in Edmonton said he was trying to defend a friend and ward off a blow to his own face when he threw a fatal punch outside a Stony Plain bar two years ago.
Sean Kovacs-Harkins, 21, took the stand in Court of Queen’s Bench on Thursday, the third day of his trial for the death of Travis Colby.
“He turned and was about to punch me and I punched him,” Kovacs-Harkins said, referring to Colby who, at the time, was a 30-year-old bouncer and father of two.
Kovacs-Harkins, 21, gave his account of the events that happened outside the Old Bar in the early morning hours of Sept. 28, 2013. Court has previously heard conflicting accounts of the night from other witnesses.
At closing time, Kovacs-Harkins said he was waiting outside for a taxi home when he was approached by two men, who accused him of kicking someone in the bar. Kovacs-Harkins denied the assault and he said the men accepted his explanation.
Then, he said, another man punched him in the face and the other two men joined in the assault.
That’s when Colby entered the melee. Kovacs-Harkins said Colby started punching his friend, Aaron Boer. “I don’t want to fight, I don’t want to fight. Stop hitting me,” Kovacs-Harkins recalled his friend, Boer, saying to Colby.
Kovacs-Harkins said he feared for his friend, who appeared to be ducking to defend Colby’s blows. He said he “scurried and scrambled” away from the other men and took a few steps into the street to approach his friend and Colby.
“He was about to clock me, I had my fist clocked and I punched him first,” Kovacs-Harkins testified, referring to Colby.
Court has previously heard that Colby fell “completely straight back on his head.” A medical examiner testified that he died of a head injury, with one major fracture in his skull.
Toxicology tests revealed that, at the time of his death, Colby had a blood-alcohol level that was similar to the legal limit for driving.
Kovacs-Harkins testified that he had consumed 17 drinks that night and was intoxicated.
Court has previously heard from several other witnesses to the altercation.
One witness testified that Colby was trying to “make peace.” Another witness testified that Colby was fighting with another man.
“Why did you hit Travis Colby?” defence lawyer Darin Slaferek asked his client.
“Because Aaron was defenceless,” he said.
The trial continues.