SUDBURY - Edgar Kyle Smith told a Sudbury Superior Court on Feb. 20 and 21 that he stabbed a man in self defence, and that the victim, Patrick McGregor, 30, “brought it to that point, not me.”
Smith is facing charges of first-degree murder and dangerous driving causing bodily harm, accused of stabbing and then running over McGregor at about 2:30 a.m. on Sept. 7, 2021, near the intersection of Notre Dame Avenue and Lasalle Boulevard in New Sudbury.
Over the last three weeks, the crown has laid out its case against Smith. When defence counsel, Mary Cremer, waived her right to an opening statement, it meant that the first time the assistant Crown Attorneys, Kevin Ludgate and Mathieu Ansell, would hear Smith’s defence was at the same time as the jury.
“He brought it to that point, not me.”
Smith is 36 years old, and was 33 at the time of the murder. He is the father of four daughters and was raised by his grandparents
He has his common core mining certification and spent several years working underground. He also had an addiction to cocaine and frequently used fentanyl, alcohol and methamphetamines.
“I’m not proud of it, but I struggled with addiction all my life,” he said.
Smith has a criminal record, entered in evidence, and has been incarcerated.
In the fall of 2021, around the time of McGregor’s death, Smith testified he was using two to three grams of cocaine per day and fentanyl to “come down” or lessen the effects of the cocaine. “It was a hard time in my life at this point,” he told his lawyer.
Smith testified he had no income from employment, had exhausted government income supplements and was desperate for drugs. He called McGregor, who he testified he knew casually, mostly because their siblings dated in the past.
Smith testified he asked McGregor to “spot him,” which meant offering collateral in exchange for drugs, with money coming later.
Smith said he offered up a silver chain, one he estimates to be worth between $700-$800, but testified it was worth much more than that to him. He’d had it since he was 17, and all of his children had enjoyed playing with it when they were young.
He met with McGregor in the parking lot at a downtown restaurant. Smith testified that McGregor brought him 1.5 grams of cocaine instead of the expected two, and though he said in court it hurt him to do it, he turned over the chain.
McGregor left the parking lot; Smith testified that his addiction was so strong he immediately injected some of the cocaine.
“I’m not proud of it,” he said.
He said he messaged McGregor sometime later to inquire about the remaining half gram of cocaine they negotiated.
Smith testified he also had decided he wanted the chain back, and stole $200 from his grandfather’s bedside table. Smith testified that when McGregor arrived late that night, he intended to give him the money for the last deal and get the chain back.
But when Smith went outside to meet McGregor, he testified that McGregor gave him another 1.5 grams of cocaine, one gram more than expected.
“I guess he thought I was going to buy more,” Smith testified.
Rather than disputing the amount, Smith said he immediately went inside to use the drugs.
“I’m not proud of it, but I did a whole half gram,” he said.
He said he felt the effects strongly and immediately, then went outside to meet McGregor. He got in the passenger seat, and testified he noticed that McGregor was “agitated.”
He said he asked for the chain back, but McGregor refused.
Smith said a clearly “moody” McGregor seemed upset at Smith’s behavior, and the accused told the jury he was probably rambling while he continued to ask for his chain back. Smith said he felt trapped in the car, and testified he had no idea where they were going.
The two ended up at the Esso gas station at the corner of Lasalle Boulevard and Notre Dame Avenue.
Smith testified he went into the gas station to give McGregor “time to calm down.”
Later, on cross examination, Ludgate would suggest this was meant to give Smith time to come up with a plan.
The death of McGregor
After Smith exited the gas station, and is seen on surveillance video, he walked to the passenger side of the car with McGregor, who entered the driver’s side.
Smith testified as they began to drive away, he began talking about the chain again.
“I kinda heard him say ‘I’m sick of this shit’,” and then saw something in my periphery.” He testified it was McGregor bringing a knife down on him.
“I seen it (the knife) coming at me and I grabbed it with everything I had and I grabbed it with both hands and I twisted it out of his hands,” said Smith.
He said he “swung the knife back” at McGregor, landing the blade in the victim's neck.
“I didn’t mean to, but that’s what happened,” he said. “It felt wrong, but he brought it to that point – he brought the knife and I acted in self-defence. My intent was not to hurt him.”
But as assistant Crown attorney Kevin Ludgate would point out in cross examination, for a second or two, Smith was entirely in control of the knife, yet still claiming to fear for his life.
All of this happened in about eight seconds, according to surveillance video from the gas station and a residence on Gordon Street, near the area.
Smith testified he heard the sound of the knife going in, “ a puncturing sound,” and the “smell of iron and copper” which he said was McGregor’s blood.
At this time, according to surveillance video, the car stopped abruptly and two men exited the driver’s side while the car was in motion.
Smith testified he “felt trapped and claustrophobic in the car” and tried to exit the passenger side but was unable to. He couldn't remember why.
Smith said that McGregor then opened the drivers’ side to exit and Smith followed him.
In the video, the car is seen being put in park, but Smith does not remember the action.
Smith said he ran toward but not after McGregor, who had headed toward a green utility box close to the sidewalk area, but testified McGregor then fell. Smith testified he began to head back to the car, but then “ran back to check on” McGregor, who had walked into what Smith called “the danger zone” of Lasalle Boulevard.
Smith testified he grabbed McGregor’s upper body and dragged him from the road. He turned McGregor over and saw the amount of blood coming from the neck wound, and testified he was worried what police would think if he called 911. “I didn’t think they’d believe me” about the course of events, he said.
Smith testified that at that point, he was in a panic and just drove, making turns at will, and thought he hit “something,” which turned out to be McGregor’s body.
Surveillance video with audio allowed the jury to hear the screeching tires as the car left the scene, and the sound of the wheels hitting McGregor’s body as the car drove off.
He testified he ended up in a parking lot of a residential building nearby.
More surveillance video shows Smith park the car and exit to check the vehicle, crouching at one point to examine the wheel, which Smith testified he only happened to notice was flat. He then re-entered the vehicle.
Smith testified he went looking for his silver chain, but when McGregor's phone rang unexpectedly he grabbed it, as well as the keys and the knife and walked away from the vehicle, locking it behind him.
Smith testified he threw the knife away in the parking lot, and then headed to the bush nearby to dispose of the phone and keys. Though Smith testified he did not remove a small blue bag, one was found in the bush, near papers found containing McGregor's name.
He also threw his coat away, testifying he was hot and sweaty, though Ludgate questioned why he wouldn’t take it with him. “Was it because there was blood on it?”
No, said Smith. “I was in a panic, I wasn’t thinking.”
Smith said while walking back from the bush he saw the knife where he had thrown it and decided that wasn’t hidden enough. It was a point that Ludgate questioned him on, noting his panic did not extend to an inability to decide where to put the knife to keep it hidden.
The blade alone (not the handle) was found in a nearby firepit; Smith testified he saw a trail leading to a pit with some still-warm coals and threw the knife in.
Cross-examination
But did Smith follow to check on the man, then run away when he realized the extent of the injuries—as Smith testified he did? Or did Smith chase McGregor down to get back his chain, as Ludgate suggested?
Did Smith move McGregor off Lasalle Boulevard, “out of the danger zone,” as he called it, or, as Ludgate suggested, did he simply search the victim for his silver chain?
And did Smith tear haphazardly out of the parking lot, hitting McGregor with his own car by accident, or, as Ludgate suggested, did he turn left “into the danger zone,” negotiating a hard left turn into the wrong lane, and hit McGregor with his own Dodge Magnum vehicle?
Ludgate asked Smith how he was able to get control of the knife.
“You are telling the court you essentially disabled Mr. McGregor?” he asked, noting that Smith testified he swung at McGregor with the knife.
“You are not looking where you are swinging, but you end up putting it in his neck?” asked Ludgate.
“Yes, I hit him with it,” answered Smith. “I only swung it once. I got it out of his hands and I swung it.”
Ludgate finished by suggesting a sequence of events for Smith to either agree with or not agree with.
“I suggest to you that you were angry and desperate over getting your chain back. Do you agree or disagree?
“I disagree,” said Smith.
“You stabbed Mr. McGregor in the neck in the vehicle, out of a fit of anger. Do you agree or disagree?
“I disagree,” said Smith.
“He, Mr. McGregor, never posed a threat to you, sir. Do you agree or disagree?
“I disagree,” Smith said.
“You produced the knife, not Mr. McGregor, while he was driving,” said Lugate.
“No,” replied Smith.
“You chose to drive away from the scene in his motor vehicle, directly into the area where you knew he'd be, right?” said Ludgate.
“I was in shock,” said Smith.
“And instead of calling for help at any point in time, you were looking for your chain, right?” said Ludgate.
“Yeah, I did look for my chain, but I panicked,” said Smith.
The questions for the jury became: Did McGregor bring the knife and attempt to stab Smith, or did Smith bring the knife?
Did Smith chase McGregor, or did he try to check on McGregor and realize it was too late to help?
Did Smith speed out of a gas station haphazardly, hitting McGregor by accident, or did Smith negotiate a tight left turn going into the wrong lane just to hit the victim?
Most of all, who went out that night with a weapon and a reason to kill, was it McGregor or Smith?
The trial continues on Feb. 24 with the potential for the Crown to re-call a witness before moving to closing submissions.
Jenny Lamothe is a reporter with Sudbury.com, covering vulnerable and marginalized populations, as well as housing issues and the justice system.