The eight-woman, fourman jury in the Superior Court second-degree murder trial of Kenneth Allan Docherty has found him guilty of the lesser charge of manslaughter. The sentencing phase will take place at 10 a.m. on April 12.

The jury had been sequestered since Monday, along with three banker boxes of exhibits, two large displays, and their own notes plus type-written instructions from Justice Bonnie Wein, who in a four-hour charge had advised how the law applies to each of four questions she provided for their assistance.

The first of those four had been answered by the accused himself, who admitted that he had caused the death of Tyson Weber of Kleinberg on May 29, 2008. But he said he had done it in fear of his own life.

“I’m sorry, I’m sorry. I had to do it. They were going to kill me,” Justice Wein quoted a transcript of Mr. Docherty’s statement to the police when he turned himself in about four hours after Mr. Weber’s death.

The judge told the jury to place more reliance on the audio-video recording of a later interrogation of Mr. Docherty than on the transcript of the earlier interview. In that recording, Mr. Docherty said Mr. Weber had threatened to break his leg and, in effect, leave him with his partner Dan Puchta to deal with.

These data would have a bearing on whether Mr. Docherty acted in his own defence but it would remain with the jury to decide whether to believe him or testimony of witnesses to Mr. Weber’s character as a non-violent person.

The Crown had argued in closing that the relative sizes of Mr. Docherty and Mr. Weber suggested Mr. Docherty had nothing to fear from Mr. Weber. Prosecutor Jane Rodger said Mr. Docherty had a 6- inch, 60-pound advantage over Mr. Weber.

Ms. Rodger said the pathological report indicated Mr. Weber had been stabbed seven times in the neck area by Mr. Docherty. She said there had been no need for the two men to have gone into the garage, that they could have talked on the front deck or n the kitchen of the Montgomery Blvd. home, and that Mr. Docherty had retrieved a kitchen knife as he followed Mr. Weber – with the intent of killing him to rid himself of a debt.

The judge cautioned the jury about speculation, and pointed out that the arguments of both the prosecution and the defence were not “evidence.” As well, she said she was pointing to certain parts of the evidence only to assist the jury in its deliberations and nothing she said was “evidence” except with respect to how the law applies.

Defence lawyer Carrie- Anne Bellan had argued that Mr. Docherty feared for his life because of numerous threats that had been made, along with a stream of harassing phone calls that had cost him four jobs.

As well, she said, there was no evidence that Mr. Docherty was indebted to either Mr. Weber or his partner Dan Duchta – both of whom had been trying to extort money from him.

Ms. Bellan had not adduced evidence at the trial, as it would have been the same evidence as presented by the Crown. She said that evidence shows that the Duchta-Weber duo used threats and intimidation to collect large sums of money on behalf of a third party. The name of Ed Mercer had come up in evidence as a possible third party.

Ms. Bellan said Mr. Weber had been the aggressor in the Docherty garage. She said the nature of the blood spatters proved there had been a struggle between the two men.

As well, she referred to the evidence of Mr. Weber’s fiancee, Andrea Ball, that Mr. Weber was fed up with trying to collect from Mr. Docherty, and had said he deserved to be beaten up.

The Crown had argued that Mr. Docherty’s actions following the Weber death were indicative of his guilt.

Those actions included the Crown’s contention that Mr. Docherty’s admission included that he had smoked and watched Mr. Weber die. There was the wrapping of the body in bed sheets, cleaning up the garage, visiting a scrap dealer in an effort to dispose of Mr. Weber’s truck, and a call to a dump truck operator to arrange to dispose of the body.

But the pathology report had indicated that Mr. Weber would have died within seconds, or minutes at the most, of a stab that would have clipped one of the arteries carrying blood to or from the brain.

The Crown had contended that Mr. Docherty and Mr. Weber were friends. Ms. Bellan said there had been no evidence to support a “friendship.” To the contrary, she said, Mr. Weber had “instilled intimidation and fear” amongst persons other than Mr. Docherty, as well as him.

As part of evidence proving Mr. Docherty’s fear, Ms. Bellan pointed to his excellent credit rating

– as outlined by Citibank and a representative of TD Canada Trust, his panic and anxiety in seeking a large TD loan prior to March 29 to pay Mr. Weber. She also said Mr. Weber at the time had a $15,000 overdraft and needed money for a house he had been building.

Justice Wein warned the jury not to put too much stock in any one portion of the evidence, but to consider all of the evidence in arriving at their verdict of either guilt or innocence of the murder charge, or of a reduced charge of manslaughter.

Actions immediately after the fact would have much to do with Mr. Docherty’s state of mind.

Throughout the trial, Mr. Docherty had remained seated behind his lawyer, on a chair beside the prisoner’s dock in the ancient courtroom 245.