Judge acquits man who acted in self-defense in stabbing death of teenager – Winnipeg Free Press

A 41-year-old Winnipeg man has been acquitted of stabbing a teenager outside a North End convenience store after a court ruled the defendant acted in self-defense.

Clayton Marcano went on trial last month for second-degree murder in the July 2021 slaying of 17-year-old Andy Joseph McKay.

Security video outside a Salter Street 7-Eleven store captured the confrontation between Marcano and McKay, another man and a teenage girl shortly after 1 a.m., including a 36-second struggle between Marcano and McKay for control of the knife.

“Marcano acted in self-defense,” Crown Judge Joan McKelvey wrote in a 40-page ruling released Wednesday.

“His actions were to defend himself against the use of force or threats by McKay brandishing a knife,” McKelvey said. “While the results of the collision and the death of this young man are tragic, it would be difficult to call Marcano's actions unreasonable during the 36-second struggle.”

Video evidence showed McKay and his companions waiting outside the store's service window when a verbal argument ensued with Marcano, who was unknown to the group.

McKay chased Marcano with a knife, and Marcano pulled a pellet gun from his backpack and chased McKay and his companions.

When Marcano abandoned the chase and returned to the store less than a minute later, security video showed him with his right hand raised, holding a pellet gun, and McKay holding a knife.

“Marcano's raising of his right hand could have been done to stop the attack rather than to fire the pistol,” McKelvey said. “The attack was an attempt by McKay against Marcano, who believed that all contact with the three men had been lost.”

Security video showed the two struggling on the ground to “get control of the knife,” McKelvey said.

A police official said it was not possible to determine from security video whether Marcano's or McKay's hands touched the knife at the same time or how many blows the man received. The officer said the video, which has no audio, shows Marcano on the ground, possibly calling for help, and hugging McKay's head after the confrontation.

Police arrived to find Marcano and McKay badly injured and covered in blood.

A pathologist said Mackay died of a stab wound to the heart.

Marcano was taken to the hospital with life-threatening stab wounds to the head, back, legs and arms.

As an adult, Marcano could have made decisions that could have prevented the deadly confrontation, McKelvey said.

“However, in a surprise attack in the dark, I am satisfied that the nature and proportionality of Marcano's response was appropriate,” he said.

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Dean Pritchard
Court reporter

He once said that a journalist is a well-dressed reporter. Dean Pritchard doesn't have a good suit. But he knows a good case law.

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