THUNDER BAY — A jury will decide if Daniel Keefe acted in self-defence when he fatally stabbed Aiden Cunningham more than two years ago.
Keefe, 20, was charged with second-degree murder in 19-year-old Cunningham’s death after Thunder Bay police responded to the reported assault on June 25, 2022 at a Crown Street residence.
A jury trial began on Tuesday at the Thunder Bay Courthouse with opening statements from both the Crown and defence.
Crown lawyer, Simon McNaughton, said on the day of the incident, both the accused and Cunningham were hanging out at Keefe’s residence with friends; they were playing video games and smoking marijuana.
As Cunningham and another male were getting ready to leave the home, a fight broke out between Cunningham and Keefe.
“It started as a fist fight,” said McNaughton. “It didn’t end that way.”
Keefe had a kitchen knife in his pocket and stabbed Cunningham in the chest twice, with one of the blows striking Cunningham’s heart.
Both the other male and Keefe called 911 separately.
McNaughton said there are circumstances where an individual can use deadly force, but was this use of force valid, he asked the jury in his opening remarks.
“That’s what you’re going to have to decide,” he said.
Defence lawyer, George Joseph, said in his opening remarks that Keefe has admitted to stabbing Cunningham.
“Why are were here then?” Joseph said. “The answer to the question of why we are here is to determine whether or not Daniel Keefe was acting in self-defence.”
Joseph asked the jury to pay close attention to the 911 call made by Keefe and witness testimony and then ask themselves one question: “if this isn’t self-defence, what is?”
Keefe’s phone call to 911 was played for the court. He tells the operator he’s been attacked and he was defending himself with a knife.
“I was being attacked in my house,” he says in the call. “It was unprovoked. I am having a panic attack.”
Keefe can also be heard crying, saying “I didn’t want to hurt him.”
Keefe told the operator Cunningham and the other male had left and he didn’t know where they went. He also asked the operator to hurry to get the police there.
He said he was alone and unarmed, that the knife broke.
The other male at the scene also testified on Tuesday. He told the court Keefe asked them to leave because there were rules about how many people he could have over.
The witness said after the fight, Cunningham ran out of the house and Keefe yelled after them.
The witness said he called 911 and Cunningham laid in the street, asking for his mom and saying he was going to die while they waited for the ambulance.
The court also heard from the officer who arrested Keefe on June 25, 2022. She said she was dispatched to the area for a weapons call and when she arrived around 5:50 p.m., a male approached her and said he was a witness to a stabbing and the accused was in the residence.
She said Keefe answered the door and was very cooperative with the police.
The officer didn’t observe any visible injuries to Keefe’s face but rode with him in an ambulance to the hospital as he said he thought his wrist was broken.
She also said Keefe said he was having a panic attack.
The trial is expected to continue Tuesday morning with testimony from a forensic pathologist.
