After a days-long trial for the killing of Hamilton teenager Mark Bistoyong, it’s up to a judge to determine if Bistoyong’s cousin is guilty of second-degree murder or the lesser crime of manslaughter.
Laureano (Lawrence) Bistoyong stabbed the 16-year-old at an annual family barbecue in July 2023 following a rough game of basketball, the Crown and defence lawyers agreed on Monday during closing arguments.
What they don’t agree on is whether or not Lawrence, then 22, deliberately killed Bistoyong, or acted on impulse and didn’t intend to end his life — Superior Court Justice Andrew Goodman will rule on next month.
“The cousins weren’t close but there was never any animosity between the two men,” said defence lawyer Jaime Stephenson.
Lawrence, thin and wearing glasses and a suit, sat motionless in the prisoner’s box throughout the closing arguments.
Behind him, the courtroom was packed with Bistoyong’s friends, family and supporters wearing shirts that said “Justice for Mark.”
Bistoyong has been described as a bright, athletic and popular high school student who’d just completed Grade 11 at St. Thomas More Catholic Secondary School before his life was brought to a “tragic” end, said Stephenson.
On July 1, 2023, Bistoyong, Lawrence and several other of their cousins went to play basketball at a local court, the defence and Crown both said. In the final game, Bistoyong and Lawrence got into a physical altercation, but they soon walked back without incident to the house where the family gathering was taking place.
They were eating dinner, but Lawrence left and threw up in the washroom, said Stephenson. Lawrence told his father he’d been sick because Bistoyong had hurt his stomach during the fight.
Accused used chef’s knife to kill: Crown
Lawrence then went into the kitchen and picked up a large knife, walked toward Bistoyong, who was sitting in the dining room, and stabbed him in the chest, said assistant Crown attorney Michael Dean.
“It should go without saying, anyone who brandishes a chef’s knife, anyone who plunges a knife 16 inches into a person’s body, knows the action is so serious, so deadly, it’s likely to cause death,” said Dean.
The defence argued Lawrence had thrust the knife into Bistoyong’s chest with “no precision,” unintentionally cutting between his ribs, and puncturing his lung.
Bistoyang stood up, holding his chest, and said, “What the heck?” before collapsing and dying, Stephenson said.
Lawrence then left the house, in shock, walking five kilometres in the rain with no shoes on before a concerned citizen saw him and called police, Stephenson said. He was taken into custody.
Stephenson argued Lawrence should be found guilty of manslaughter because he had no plan to kill his cousin, but instead “leaned on the counter where the knives happened to be,” picked one up, and “physics” rather than intent resulted in the fatal injury.
If Lawrence is found guilty of manslaughter, there’s no minimum sentence. The judge would decide the length of time in custody based on submissions from the defence and Crown.
If Lawrence is found guilty of second-degree murder, he would face life in prison with no parole for between 10 and 25 years.
Goodman will announce his verdict on Oct. 11.