LONDON, Ont. — The defence lawyer for a man accused of killing and dismembering his friend in a London, Ont., hotel room argues her client should be found guilty of manslaughter, not first-degree murder.
In closing arguments, lawyer Lynda Lamb says James McCullough had no prior plan to kill his friend, cut up his body, dispose of the parts and escape detection.
On the contrary, Lamb says McCullough reacted to a sudden sexual advance made by his friend.
McCullough, 22, has pleaded not guilty to first-degree murder and offering an indignity to a dead body in the death of 20-year-old Alex Fraser.
Fraser's body parts were found in two hockey bags in a hotel room the two friends shared for a night in September 2013.
McCullough has testified that following a period of heavy drinking and some drug use, he stabbed Fraser after an abrupt and unwanted sexual advance from his friend.
He has told the court that he then blacked out and when he regained consciousness, his friend's body parts were lying in a bathtub — a sight so horrific it caused him to throw up.
"You must find James McCullough guilty of manslaughter," Lamb said to the jury which will decide the case. "Mr. McCullough did do a terrible thing, he stabbed his friend to death, but this was not premeditated murder. It was a reaction to the suddenness of the attack on him in the hotel room."
The trial has heard that one Saturday night, after first drinking at McCullough's home, the two friends took a cab from Orangeville, Ont., where they lived, to London, with Fraser clearly intoxicated at the time.
McCullough testified there were three reasons for the trip — to party, to go shopping for clothes and to conduct a home invasion on a residence where he once lived when he attended a college in the city.
McCullough said he brought alcohol and two hockey bags on the trip, as well as a knife and knife sharpener that he said he usually had on hand "for protection,'' because he was a drug dealer.
The jury has heard that the men checked into a Travelodge, where McCullough gave a fake name, a fake address and paid for the room in cash.
Once in the room, the two young men drank about six shots of tequila each, talked about their plans in London and McCullough had some cocaine, the trial heard.
McCullough then went for a shower and when he emerged from the washroom, he said Fraser was standing in the room, naked, saying he wanted to have sex.
McCullough said he got angry and pushed Fraser, who made a grab for his genitals, he said. The two got into a tussle and Fraser fell to the ground, at which point McCullough said he "freaked out," grabbed his knife and stabbed his friend twice.
