WINDSOR — A delay in the closing arguments for a Windsor man charged in the death of a local district fire chief.
Michael Hiller, 45, is charged with manslaughter and assault in the death of 51-year-old Joe St. Louis who died following an altercation on Daytona Ave. in March 2018.
St. Louis was found vital signs absent, he was revived and taken to the hospital where he died five days later.
The trial heard from a pathologist who said the cause of death was 'brain damage due to an interruption of blood and oxygen supply' due to 'neck compressions.'
But just before closing arguments were scheduled to be heard Thursday morning, Justice Renee Pomerance raised an issue about some of the evidence heard that resulted in the cause of death conclusion.
One of the reasons for the findings was hemorrhaging behind St. Louis's eyelids called 'petechial hemorrhaging', but Justice Pomerance pointed to a ruling by the Ontario Court of Appeal that noted that petechial hemorrhaging is not indicative of asphyxiation and could be caused by something else.
As a result, the pathologist will have to return to the stand to testify as a court witness.
"As a gatekeeper and fact-finder, the evidence needs to be reliable," said Justice Pomerance.
During the trial, Hiller testified he was in an altercation with St. Louis, that St. Louis fell on top of him and St.Louis struggled to get out from underneath him.
The case returns to court on Friday to get an update.
The trial is proceeding by judge alone.