Judges deny appeal for man who killed 'Pat the plumber'

Two years after Ronald Freeman was imprisoned for killing another man in a bloody confrontation in Sault Ste. Marie's west end, the province's highest court has upheld his second-degree murder conviction.

Freeman stabbed Patrice Gregoire 19 times with a large steak knife on July 17, 2014 after the pair became embroiled in an altercation on James Street.

A jury found him guilty of the homicide offence on Nov. 1, 2016. 

Superior Court Justice George Valin sentenced the then 48-year-old man to life imprisonment with no chance of parole for 10 years.

On Thursday, the Ontario Court of Appeal released a decision dismissing Freeman's appeal - two days after hearing legal arguments from the Crown and defence in Toronto.

Both Freeman and Gregoire, known to many as "Pat the plumber," were intoxicated at the time of the fatal encounter and both were injured in the fight.

They were taken to the Sault Area Hospital where Gregoire, 46, died a few hours later.

During the 2016 trial, jurors heard Gregoire was intending to confront Freeman about abusing his (Freeman's) girlfriend when he approached him on the street.

As the pair walked toward each other Gregoire told him "You're dead" and Freeman responded "Bring it ....game on."

Gregoire lunged at Freeman, who was armed with the knife. When Freeman fell to the ground, Gregoire got on on top of him and began beating him.

Freeman repeatedly stabbed him and Gregoire eventually collapsed.

In its decision, the appeal court said the sole ground for Freeman's appeal was his contention that the trial judge erred In refusing to instruct the jury on provocation.

The three-member panel noted that throughout the trial Freeman's lawyers had focused on the issue of self defence.

After the prosecution and defence had made their closing submissions to the jury, they had met with Valin in a pre-charge conference to discuss the judge's planned instructions to jurors.

At this point, one of Freeman's lawyers "floated" the suggestion that a partial defence of provocation, based on Gregoire's "You're dead" comment, ought to be given to the jury.

Valin pointed out this was the first time provocation had been mentioned, and the senior defence counsel suggested they take a short break to consider the situation.

When the conference resumed, lawyer Ken Walker indicated he didn't wish to have the jury hear about the provocation issue.

The appeal court noted Walker had responded yes, when Valin asked if he was saying "there's no air of reality to that defence."

At the recent appeal hearing, Freeman contended there was air of reality to the defence, and "not withstanding counsel's position before the trial judge, the jury should have been instructed on provocation."

The higher court disagreed.

Nothing had happened during the incident that could be said to have caused Freeman to lose his power of self control and suddenly act, it said in the decision.

"The evidence suggests the opposite."

Freeman, who was "openly" carrying the knife, had prepared himself for a fight, and wasn't surprised by Gregoire's aggression.

When he had later given a statement to police, Freeman said that it was "perfect timing" when he saw the victim approaching him.

EDITOR'S NOTE: SooToday does not permit comments on court stories