Demarco Smith, 28, has been found guilty of second-degree murder in the stabbing death of Casey Downey, 19.
Police were called to a North Preston, N.S. home around 6 a.m. on Feb. 7, 2010. There had been a birthday party at the home the night before and an argument broke out between Smith and Downey over cleaning up and moving some speakers.
Downey was found stabbed to death inside the home when police arrived.
Smith, who was 24 at the time, said he only had a few drinks and was sober at the time, while Downey was intoxicated.
Justice Patrick Duncan accepted that Downey was aggressive, but pointed out that he was unarmed.
Smith had a knife taken away from him by a cousin just minutes before the fatal stabbing. According to Duncan’s review of the evidence, Smith had a second knife and moved across the room to a staircase leading out of the house.
Smith testified during the trial that Downey approached him and fell into the knife but Duncan said he didn’t believe Smith’s version of events.
“The accused, his own version of events that he wasn’t fearful or scared, indicated clearly that he was just lying and waited for Mr. Downey that he knew would be coming after him,” said Crown prosecutor Roland Levesque.
Smith was found guilty of second-degree murder, which carries an automatic sentence of life in prison.
Smith, who had been out on bail while awaiting Monday’s decision, was immediately remanded to the Central Nova Scotia Correctional Facility.
A hearing will be held in mid-April to determine how much time Smith will serve before being eligible for parole.
Downey’s mother has indicated to Crown prosecutors that she would like to give a victim impact statement at that time.
With files from CTV Atlantic's Rick Grant
