Closing arguments were delivered in Nova Scotia Supreme Court on Monday in the manslaughter trial of a former bouncer accused of killing a patron three years ago.
While the Crown painted a picture of the events of Dec. 24, 2022, as the result of a “fit of rage,” the defence argued the bouncer’s actions were in self-defence and that death was “not a foreseeable outcome.”
Alexander Pishori Levy, 40, is charged with criminal negligence causing death and manslaughter in the death of Ryan Sawyer, 31.
At the time, Levy was employed as security staff at the now-closed Halifax Alehouse bar in downtown Halifax.
“Ryan Sawyer did not deserve to die that day,” said Crown prosecutor Robert Kennedy.
The Crown argued that on the night of Sawyer’s death, Levy was not motivated by self-defence but by violence.
Kennedy said Levy’s actions were influenced by a scuffle with Ryan Sawyer’s brother — Kyle Sawyer — outside the Alehouse.
Kyle Sawyer testified during the trial he was asked to leave the bar on the night in question after spilling his drink on a customer. He told the court a verbal altercation took place outside the bar with the bouncers and that he pushed Levy.
“The unfortunate decision by Kyle Sawyer to push Mr. Levy at the door led Mr. Levy to go into a spiral, to go into a fit of rage and anger in the Crown’s view,” said Kennedy.
He said Kyle Sawyer was being restrained by another bouncer, while two other security members engaged with the victim. Kennedy argued Ryan Sawyer was not a threat to Levy.
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“In the Crown’s view, the very decision to put the chokehold on him in the first place was unreasonable and he was not acting in self-defence or defence of anyone else,” said Kennedy.
The Crown estimated the chokehold was held for close to two minutes, which is a point of contention in the judge-only trial.
Defence lawyer James Giacomantonio argued Levy only applied direct pressure to the neck for 10 to 15 seconds. He claimed Levy acted reasonably, using “the tool he believed was safest.”
Levy has previously testified that his security training taught him that deploying a chokehold was safer than throwing punches during an altercation.
It’s a technique Levy told the court he used roughly 100 times in the past without issue.
Two paramedics previously testified how Ryan Sawyer was not breathing and without a pulse when they arrived on scene at around 1:15 a.m. to find a police officer performing CPR. He was described as being “pale” with blue-coloured lips and was vomiting during chest compressions.
He was transported to the hospital, where he later died.
Giacomantonio said in his closing statements that Levy’s restraint caused a “catastrophic but unforeseeable outcome” in this case.
“It’s our submission that the tragic death was not a foreseeable outcome,” he said.
“It was a lightning strike. It’s a heart attack while shovelling the driveway.”
He also argued Levy entered the scuffle with Ryan Sawyer because his colleague needed help, and that the chokehold was used because Levy feared he was losing control.
Justice James Chipman has reserved his decision until Nov. 26.
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