Defense attorneys argued this week three teenagers acted in self defense last July when they beat a Westbrook man, who later died after leaving the hospital against the advice of doctors.
Attorneys for defendants Alexander Layug, 18, of Massachusetts Avenue, Portland; Nicholas Lavigne, 19, of Pierce Street, and Wade DePalma, 19, of Bridge Street attempted to show a picture of three men defending friends from a violent man under the influence of drugs.
After the prosecution concluded the state’s case Tuesday morning at Cumberland County Superior Court in Portland, attorneys for the defendants questioned Layug and witnesses yesterday afternoon. Lavigne and DePalma did not testify. Both sides rested their cases late yesterday afternoon and will present closing arguments this morning.
The three defendants were originally charged with manslaughter, but are now on trial for aggravated assault after the fight last July in front of the Skybox Tavern. An autopsy on Wilcox, who died several days after the fight, showed he had died as a result of injuries sustained during the fight.
Wilcox’s death was the culmination of a series of arguments that occurred over the course of late July 2 and into the early morning of July 3 last year.
According to Layug’s testimony, the first fight occurred when a group including Lavigne and DePalma were walking to a Brown Street home where they had been invited to a barbecue. Layug said in court that Wilcox, whom he had never met, approached them in a car and asked the group if they had “any ready rock,” which the group took to mean drugs and said no.
According to Layug, Wilcox appeared to be under the influence of drugs. Words were exchanged between the two parties, and Layug claimed that Wilcox used a racial slur to refer to him. One of the teens through a rock at Wilcox’s car. Layug said before driving away, Wilcox said he was going to “kill” them.
The second argument took place outside the home where the barbecue was being held, during the time the defendants were walking back to the house. According to defense witness Alisha Ramsey, 17, who is Wilcox’s niece, Wilcox came by the house “and was yelling at everyone saying that one of the boys had broken his windshield,” which Ramsey said wasn’t broken.
Ramsey said Wilcox appeared under the influence of drugs and “looked right through” her as if he didn’t recognize her. “He normally didn’t act that way,” she said. “He was really skinny. It really didn’t seem like him.”
Ramsey testified she knew Wilcox had a “drug problem,” which they had talked about, but that she had never seen him like that before.
Ramsey told the court that Wilcox said he “was going to get” a gun and eventually left. After he left, Ramsey said her mother was crying “and was worried and was trying to explain how he probably wasn’t kidding.”
The final fight occurred when Wilcox came by the house yet again and proceeded to shout at people at the house. According to Layug’s testimony, Wilcox and another man were arguing heatedly, and Lavigne punched Wilcox in defense of his friend.
Wilcox then stumbled back and started toward the open trunk of his car. At that point, according to Layug, shouts rang out to stop him from reaching his trunk and potentially getting a gun.
Layug said he ran after Wilcox to prevent him from reaching his trunk. Wilcox turned and ran, and Layug followed him “less than 40 yards” down the street to the sidewalk in front of the Skybox Tavern. According to Layug, the two began punching each other, Wilcox fell to his knees, and then Lavigne and DePalma approached and began kicking him.
According to Layug, the fight ended almost immediately when others who had arrived with Wilcox drove Wilcox’s car past them, at which point Wilcox stood up and appeared to laugh.
According to Layug, Wilcox’s death was not premeditated, and Layug said he had reacted out of fear for his friends. He said he was attempting to subdue Wilcox while waiting for the police to arrive and “deal with him.” According to Ramsey, when Layug had returned from the fight he appeared upset. “Like sad, like crying,” she said.
During cross-examination, Assistant Attorney General Fernand LaRochelle asked Layug why the three of them needed to beat Wilcox into submission. “The three of you couldn’t have held him down?” asked LaRochelle.
“It didn’t look like it at the time,” said Layug, at which point he began to break down and cry on the stand.
“Why not run away?” asked LaRochelle.
“I thought I could get to him,” responded Layug.
Layug testified that he never kicked Wilcox, although Lavigne and DePalma had. He said he knew his friends were kicking Wilcox but hadn’t seen whose foot had come down on his forehead and could have left the imprint from a Nike shoe there.
During the investigation, a pair of Nike wrestling shoes with an imprint matching the one on Wilcox’s forehead was discovered in the home the defendants were visiting. Neither Lavigne nor DePalma, who were both wrestlers in high school, claimed ownership of the shoes. However, according to Howard O’Brien, DePalma’s defense attorney, a state police detective had admitted under cross-examination that the imprint could be similar to many other shoes.
The trial will continue with closing arguments at the Superior Court in Portland Wednesday morning at 10 a.m. Before leaving yesterday, the jury was informed that they would most likely be able to begin deliberation before the lunch break.
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