THUNDER BAY — A judge will need to determine if the man who admitted to stabbing 28-year-old John Mark Reuben in the chest is culpable or not culpable for his death.
Joseph Hubbard, 26, appeared before Justice Tracey Nieckarz in a Thunder Bay courtroom for the start of his trial on Monday. Hubbard has pleaded not guilty to the charge of second-degree murder.
Crown attorney Mitchell Flagg said as part of an agreed statement of facts that Hubbard admits he caused Reuben’s death and the issue to be determined is whether that death was a culpable or non-culpable homicide.
According to the Criminal Code of Canada, a non-culpable homicide is not an offence while culpable homicide is murder, manslaughter, or infanticide.
The agreed statement of facts says that at approximately 2:46 a.m. on June 24, 2022, Hubbard called 911 and told the dispatcher that someone had come into his apartment to buy drugs and then tried to rob him.
Hubbard said on the 911 call that the man, later identified as Reuben, pulled a knife on him and an altercation took place that resulted in him stabbing Reuben in the chest.
On a recording of the 911 call played to the court, Hubbard initially said that Reuben was still breathing. But when he was transferred to a paramedic, he said he could no longer tell if he was breathing or not.
The Crown called several Thunder Bay Police Service officers who responded to the incident to testify on Monday and take the court through body-worn camera footage.
The first arriving officer located Hubbard standing over Reuben just inside the door leading into the building below a set of stairs. Hubbard was observed with blood on his hands.
In the body-worn camera footage, Hubbard can be heard saying to the first officer: “You gotta help him.”
Hubbard was placed in handcuffs and arrested for aggravated assault. During the arrest, Hubbard cooperated with all police instructions and the officers testified that he did not appear to be intoxicated or under the influence, though he did admit to drinking that evening.
Other officers arriving on the scene began to perform CPR on Reuben, who was ‘vital signs absent.’
The apartment was cleared by three other officers and a filleting knife with blood-like staining on it was located near the doorway of the apartment. A butter knife was also located on the floor near the other knife.
There were signs of drug use in the apartment, such as drug paraphernalia and cocaine was seized from the residence.
Reuben was transported to the Thunder Bay Regional Health Sciences Centre where he was pronounced dead. The charge against Hubbard was then upgraded to second-degree murder.
When told that Reuben had died, Hubbard did not say anything and remained quiet and cooperative during the booking process at the Thunder Bay Police Service headquarters.
During an interview with an investigator, Hubbard said he would rather not say anything after having spoken with a lawyer, stating: “I’ll just deal with it in court.”
A post-mortem examination determined Reuben died from a single stab wound to the heart that resulted in severe blood loss.
Testimony will continue on Tuesday.
