A jury hearing arguments in the case of a Winnipeg Transit driver killed on the job nearly two years ago was shown security footage and heard audio recorded from inside the driver’s bus before he was fatally stabbed.
Brian Kyle Thomas has pleaded not guilty to second degree murder in the death of 58-year-old bus driver Irvine Jubal Fraser.
Fraser was killed on Feb. 14, 2017.
Const. Raymond Pabuaya, a member of the Winnipeg Police Service’s forensic imaging unit, testified each city bus has five different camera angles. He played portions of footage from each camera located on Fraser’s bus for the jury.
The first portion of video shown to jurors captured the moment Thomas got on Fraser’s bus at a stop in downtown Winnipeg at 1:14 a.m. on Feb.14, 2017.
As Thomas boards the bus, a person standing on the street can be seen and heard saying to the driver, “Hey guy, that guy’s drunk. Can you at least give him a ride?”
Thomas’s lawyers aren’t disputing he was the person seen boarding the bus.
Once onboard, he sits toward the back.
For around 35 minutes, the jury watched the security footage taken as the bus is driven to the U of M.
When it arrives on campus, Thomas is the only passenger left on board as Fraser said, “Last stop. Hey. Last stop.”
Thomas can be seen walking to the front of the bus where he asks Fraser, “Oh hey, where’d my buddy go? Did he get off?”
Fraser replies: "Everybody got off. This bus is out of service."
The conversation continues.
"We're at the University of Manitoba,” Fraser tells Thomas. “I can't give you a ride. We're out of service."
Thomas doesn't get off the bus.
"Off the bus please," said Fraser. "It's the last time I'm asking."
Fraser continues to ask Thomas to get off the bus.
"I'm not going to ask again," he said. “Get off the (expletive) bus."
Jurors see Fraser get up from the driver’s seat and grab Thomas before pushing him out the front door.
Thomas starts swearing at Fraser and as Fraser stands in the door of the bus Thomas can be heard saying:
“Come outside (expletive.)”
Thomas can be seen trying to punch Fraser, then spitting at him.
The security footage then shows Fraser and Thomas leave the bus.
After that, the two men can no longer be seen from any of the camera angles on Fraser’s bus 112.
Another transit bus with two cameras parked behind Fraser’s.
One camera shows two people outside Fraser’s bus.
A second camera shows someone get off the second bus and then get back on.
Forensic specialist cross-examined about knife found near scene of fatal stabbing
A forensic specialist with the Winnipeg Police Serviced testified he photographed a knife found on the east bank of the Red River on Apr.17, 2017 – two months after Fraser’s death.
Under cross-examination Tuesday morning by Thomas’s lawyer, Evan Roitenberg, Patrol Sgt. Brian Neumann told the jury he photographed a knife and an area on the east bank of the Red River where a knife was found.
Roitenberg asked Neumann if he used any satellite or GPS data to pinpoint the location of where the knife was found.
Neumann testified he didn’t use any GPS or satellite data on Apr. 17, 2017. He said he was called to the area by the major crimes unit because other officers had searched the bank and found the knife.
Jurors heard an area on the east bank of the river had previously been searched by police on the night of Feb.15, 2017, when police tape and guards to preserve the crime scene would’ve still been in place.
“It’s not as if this area would’ve been guarded by police between Feb. 16 and Apr.17,” Roitenberg said to Neumann.
Neumann testified the guards and police tape would’ve been removed when police finished searching Feb. 16, 2017.
Neumann testified he took a screenshot on Google Maps of the location during the initial search in February but not when the knife was found in April.
“In seeing that location I was able to put myself back in the original scene,” Neumann testified.
Neumann testified the knife had a layer of mud on it and Neumann’s notes, which Roitenberg referred to, detailed it was found pointed out near willow-like trees, sticking out of wet mud and grass.
Roitenberg asked Neumann if the knife was sent for analysis. Neumann testified he’s never submitted dirt for analysis. He told the jury a different officer was responsible for sending away any exhibits for any testing.
Neumann also testified that he photographed an area where a pair of scissors may have been found
Neumann told the jury it was his belief there was a pair of scissors in the area because a silhouette left behind was in the shape of scissors, but he added a different officer would've taken possession of the item.
