THUNDER BAY — The man charged in the 2022 death of 28-year-old John Mark Reuben testified he feared for his life when a drug deal turned into an attempted robbery and resulted in a fatal encounter. Joseph Hubbard, 26, testified in his own defence during the second-degree murder trial in a Thunder Bay courtroom on Tuesday before Justice Tracey Nieckarz. Hubbard pleaded not guilty to the charge.
During the first day of the trial on Monday, evidence was heard about an incident in the early morning hours of June 24, 2022.
According to the evidence and an agreed statement of facts, Hubbard called 911 to report that a man he was selling drugs to inside his apartment in the 900 block of Miles Street tried to rob him and, after a struggle, he stabbed him with a knife.
After police arrived, Hubbard was placed in custody and the man, later identified as Reuben, was transported to the Thunder Bay Regional Health Sciences Centre where he was pronounced dead.
According to the agreed statement of facts, it was admitted that Hubbard caused Reuben’s death and the Crown said the issue that needs to be determined is whether or not it is a culpable or non-culpable homicide.
The Crown concluded its case on Tuesday with testimony by forensic pathologist Dr. Nicholas Escott, who provided details on the cause of Reuben’s death.
According to Escott, Reuben died from a stab wound to the chest that resulted in severe blood loss.
At the conclusion of the Crown’s case, defence counsel George Joseph called Hubbard to testify.
According to Hubbard’s testimony, on the evening of June 23, 2022, he had visited two friend’s houses and consumed several alcoholic drinks.
At approximately 2:30 a.m., Hubbard was walking home from a friend’s house on Finlayson Street and stopped to talk to another friend outside of a bar on May Street.
While there, a man approached him and asked if he had any drugs to sell. Hubbard said he did not know the man, who only identified himself as J.R.
Hubbard told the man he had drugs to sell at his apartment and he and the man, later identified as John Reuben, walked back to his apartment.
Reuben paid him $15 for cocaine, which Hubbard placed in his wallet in front of him. According to Hubbard, he had $400 inside his wallet at the time.
Inside the apartment, Hubbard gave Reuben $30 worth of cocaine, which was all he had. Hubbard testified that when he gave the drugs to Reuben, who was standing in the doorway to his bedroom, Reuben picked up a can of body spray and sprayed it in his face.
He said he pushed Reuben back into the kitchen area of the apartment, at which time Reuben grabbed a knife from the counter.
Hubbard testified that he then grabbed Reuben from behind and the two fell to the floor.
“We both start trying to get up again and I grab the knife at this moment,” Hubbard testified. “I am almost to my feet. That’s when I stabbed him. I believed it was in the stomach.”
When asked what he was feeling during the confrontation, Hubbard said his mind was racing and that he was scared.
“I thought he was going to kill me,” he said.
Hubbard then testified that Reuben ran from the apartment but collapsed at the bottom of the stairs in front of the door leading to the street.
After Reuben collapsed, Hubbard said he tried to pick him up but could not. He then called 911 and tried to see where Reuben was bleeding from.
“I am just hoping that the police arrive soon,” he said. “I was in shock. Panicking.”
During cross-examination by Crown attorney Mitchell Flagg, Hubbard was asked why he did not take other actions to avoid the stabbing, such as backing away, conducting the drug deal outside of his apartment, or calling 911 after Reuben grabbed the knife.
“If someone is grabbing a knife against you in your own home and you wanted to stop the threat, you could have called the police to help you,” Flagg suggested.
“I didn’t have time to do that,” Hubbard said.
“You could have used a non-violent response other than plunging that knife into his chest,” Flagg said.
“I disagree,” Hubbard responded.
Flagg also suggestion to Hubbard that the worst thing that could have happened to him that night is having drugs or money stolen.
“No, that is not the worst thing that could have happened. He could have stabbed me and killed me,” Hubbard said.
Flagg then suggested to Hubbard that it was he who introduced the knife into the conflict and that he started the violence, to which Hubbard said: “that is incorrect.”
When Flagg suggested to Hubbard that the reason he called 911 was because he regretted stabbing Reuben, Hubbard said he did not.
Closing submissions are expected to be heard on Wednesday.
source tbnewswatch