When 18-year-old Jamie Kehoe was stabbed to death on a Surrey bus last year, he was labelled as a Good Samaritan who was killed when he stepped in to stop a couple's fight.
But B.C.'s Criminal Justice Branch says that does not appear to have been the case and that the man who likely stabbed the teen may have been defending himself from a friend of Kehoe's who was wielding a metal baton. As such, say Crown prosecutors, there is not enough to proof to press charges of murder or manslaughter.
"While the circumstantial evidence reasonably supports an inference that the suspect was responsible for the stabbing of Mr. Kehoe, the Crown is not able to establish to the criminal standard of proof beyond a reasonable doubt that the suspect was not at the time defending himself against the attack with the metal baton," the Criminal Justice Branch said in a statement to the media issued Thursday evening.
The police investigation of the Oct. 7, 2011 incident was difficult, says the statement, because information provided by witnesses and those involved in the altercation was often incomplete and contradictory.
Prosecutors say Kehoe got on the bus near 134 Street and 72 Avenue just before midnight with three friends after a night of drinking. The suspect and his girlfriend were already on the bus.
Several witnesses said a young woman who was with Kehoe called the woman a "bitch" as she got off the bus, prompting her to get back on the bus and hit Kehoe's friend in the face.
What followed remains uncertain, says the Crown, as observers were either not paying attention, didn't have a good view of the scene or were too intoxicated.
"While numerous witnesses were on the bus, none is able to provide a clear account of everything that occurred, or reliably explain exactly how Mr. Kehoe suffered the fatal wound to his neck."
What is clear, say prosecutors, is that a male friend of Kehoe's pulled out out a collapsible metal baton and began hitting the suspect with it. He only admitted to using the 64-centimetre-long, 568-gram weapon – a device considered capable of causing "death or grievous harm" – after four interviews with investigators.
Some time in the ensuing struggle and confusion at the back of the bus, say prosecutors, Kehoe suffered the deadly neck wound. Whether the man was striking out blindly, or at the person with baton, or at Kehoe remains unclear.
"It is impossible to determine whether the suspect and Mr. Kehoe were intentionally engaged with each other or not. While the evidence can reasonably establish who inflicted the wound based on inferences, the Crown is not able to prove beyond a reasonable doubt that he was not acting in self defence at the time," reads the criminal justice branch statement. "As a result, there is no substantial likelihood of conviction and therefore no charge is approved in relation to Mr. Kehoe’s death."
Response on a Facebook page set up to remember Kehoe was swift.
"So sad what has happened to this country. When killers have more rights than victims," posted on commenter. "There are so many victims in this scenario, no one recieves (sic) justice, and a killer walks."
"Thats just sad and pathetic. What a joke the supposed justice system is," added another.