The crown has argued that a Kelowna man's account of why he killed his roommate two years ago is "implausable".
65-year-old Daniel Ruff, who's pled not-guilty to second-degree murder, says he hit Warren Welters in the head with a hammer multiple times on June 14, 2015 after the 51-year-old jumped him and choked him during an argument.
During closing arguments today, Crown lawyer Colin Forsythe argued that blood splatters and witness accounts suggest Ruff actually killed Welters as he was lying on his bed.
“Mr. Ruff came into that room while Mr. Welters was passed out, or sleeping, facedown, in the bed,” Forsythe told the jury “And struck him in the back of the head with a hammer.”
Welters was killed while Ruff had several people over for a barbeque outside. Welters did not participate in the barbecue and some guests testified seeing him lying on his bed before he was killed.
Forsythe argued that had there been a fight like Ruff described people downstairs would have heard and Ruff would have had defensive wounds. He also argued that Ruff’s conduct after the fact, including hiding the hammer and lying to police, was consistent with him knowing he had done something legally wrong.
But Defence lawyer Grant Gray told the jury his client never hid any evidence from police, arguing that Ruff put the hammer in its place, left his bloodied shirt in his room, and also called 911 himself. Gray admitted Ruff initially lied to police about what had happened, but argued people sometimes lie for good reasons, including trauma and shock.
He told the jury the two important matters in the case are self-defence and intoxication, and the role it played. Both lawyers agree that both Ruff and Welters were intoxicated the night of the murder.
Gray also argued that a fight between Welters and Ruff weeks prior, where Welters was on top of Ruff, choking him, according to a witness, proves that Welters was capable of what Ruff said happened.
The judge has given her final instructions to the jury, who are expected to begin deliberations this afternoon.