Lawyers presented their closing arguments on Wednesday in the trial of a man facing second-degree murder charges for the death of a teenager in Behchokǫ, N.W.T. Zakk Lafferty, aged 24 at the time of the incident, maintains his innocence in the killing of 17-year-old Deijean Drybones in August 2023.
The ongoing jury trial, now in its second week, has featured testimonies from multiple Crown witnesses, including four young individuals present on the night of Drybones’ death, the forensic pathologist who conducted the autopsy, and several RCMP officers involved in the case.
During the proceedings, Crown prosecutor Brendan Green emphasized the straightforward nature of the case, stating that although no homicide is simple, the facts surrounding this incident are relatively clear. Green asserted that Lafferty, following a dispute earlier in the evening where his phone was taken, confronted Drybones regarding the issue and ultimately stabbed him.
Green highlighted Drybones’ dying declaration to first responders, implicating Lafferty as the assailant. He argued that given the circumstances of the stabbing and the time spent together by the two individuals, Drybones’ identification of Lafferty should be considered credible and reliable.
In her final arguments, Lafferty’s defense attorney, Kimberly Arial, addressed the jury, noting that while Lafferty did not testify, his statement to the RCMP while in custody was recorded and presented in court. Arial refuted claims of inconsistency in Lafferty’s statement made by the prosecution, urging the jury to assess it in its entirety. She suggested that Lafferty’s intoxication on the night of the incident could have impacted his statements.
Arial also contested the reliability of Drybones’ statements before his death, citing his intoxication and the lack of opportunity for cross-examination. She pointed out the absence of physical evidence linking Lafferty to the crime scene and emphasized the police’s failure to uncover any weapon or DNA evidence implicating Lafferty.
Furthermore, the court heard testimony from RCMP Cpl. Greg Morrow, the lead investigator on the case, who explained the decision to arrest Lafferty based on audio evidence of Drybones identifying him as the attacker. Morrow detailed the police search of the crime scene, which yielded blood samples matching Drybones and identified Lafferty’s cellphone at the location.
DNA analysis of samples from Lafferty did not align with Drybones’ DNA. Despite searches at both the crime scene and Lafferty’s residence, where no incriminating evidence was found, the murder weapon remains unaccounted for. Justice David Gates is set to provide instructions to the jury on Thursday.
