Man convicted of fatally stabbing stranger in the back

The prosecutor argued that Maxime Chicoine-Joubert wanted to kill someone on the night in question.

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A man who killed a complete stranger by stabbing him in the back while drunk at an intersection in downtown Montreal was convicted of second-degree murder on Monday.

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When his trial began, Maxime Chicoine-Joubert, who will turn 27 on Tuesday, was charged with first-degree murder in the death of Simon-Olivier Bendwell, an 18-year-old student who was killed on July 28, 2019.

The jury began deliberating on Thursday and came out on Monday with three decisions. The foreman of the jury informed Superior Court Judge Marc-André Blanchard that he found Chicoine-Joubert not guilty of murder in the first degree but, instead, guilty of murder in the second degree. The defendant was also found guilty of the armed robbery of a friend of Bendwell’s who was with the young man when he was killed.

Bendwell was stabbed after three men confronted him and his friend at the intersection of St-Laurent and De Maisonneuve Blvds. around 11:30 pm

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Chicoine-Joubert was arrested by Montreal police nine days later and charged with first degree murder. When police searched his cell phone, they found that it had been used to search the Internet using terms such as “murder sentence” and “alcohol homicide” in the days following the stabbing.

In her closing arguments to the jury, defense attorney Marie-Hélène Giroux told jurors that if they believed the prosecution had proven that her client stabbed Bendwell, they should consider that Chicoine-Joubert was too intoxicated to have planned or had the intention to kill the victim. .

Prosecutor Katerine Brabant argued that the defendant wanted to kill someone on the night in question and said that if Bendwell had stayed home that night, someone else would have been killed in his place.

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A surveillance camera recorded the moments when Bendwell and his friend approached the intersection and were suddenly confronted by Chicoine-Joubert and two of his friends. The crash did not last more than a minute.

The camera recorded Chicoine-Joubert hitting Bendwell’s friend at least twice but, due to a technical glitch, the camera did not record when the victim was stabbed.

Chicoine-Joubert testified in his defense during the trial and said he does not remember what happened. He said he used cocaine, marijuana and vodka before Bendwell was killed.

In finding the defendant guilty of the lesser charge of second degree murder, the jury apparently did not believe that Chicoine-Joubert planned to murder Bendwell. Had he been convicted of first-degree murder, his sentence would have been automatic: life in prison with a period of ineligibility for parole of 25 years. A second degree murder conviction also comes with an automatic life sentence, but the period of ineligibility for parole can be set between 10 and 25 years.

Blanchard asked the jury to come up with a recommendation on how long Chicoine-Joubert should be behind bars before he is eligible for parole. But after spending more than an hour deliberating on the issue, the jury was unable to provide one.

Blanchard will begin hearing the arguments of the sentences on November 3.

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Reference-montrealgazette.com

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