Brandon Huth guilty of manslaughter in death of Cowichan's Tyler Noble
The killer of Shawnigan Lake’s Tyler Noble was found guilty of manslaughter Monday in Victoria’s B.C. Supreme Court.
The ruling against Brandon Carl Huth of Victoria was handed down by Justice Malcolm Macaulay.
Huth’s sentencing hearing is set for Jan. 24.
Macaulay’s judgement traces tragic details about a Nov. 26, 2011 argument near the McDonald’s at View and Douglas streets.
That’s where Huth, now 26, admitted to punching Noble, 20.
“He received a blow to the head, and immediately fell backward, striking his head on the sidewalk,” Macaulay’s judgement states.
One of many people present quickly called 911 at around 2:38 a.m.
Police officers arrived fast, followed shortly by an ambulance crew.
Noble died in hospital a few hours later, as a result of blunt-force head injuries he sustained, court testimony shows.
“Huth formally admitted at trial he struck the blow that led to Noble’s death,” the judgement reads.
Huth pleaded not guilty to manslaughter, and went to trial before a judge alone.
Macaulay says his ruling is based on all evidence, including testimony from 15 witnesses.
Regarding Noble’s conduct, the judge says, “I do not doubt he acted drunkenly, and in a belligerent manner from the time he encountered Bailey and Tes (two men present) until after their departure.
“His homophobic slurs and invitation to Bailey to fight are ample evidence of that.
“I also accept Noble, because of his disposition when drunk, easily angered and, for that reason, carried on a verbal but non-physical confrontation with (witness) Poulsen and his friends, even after Tes and Bailey left.
“He was not just a boisterous drunk having a good time, but an argumentative, unpleasant one.”
But as to the final confrontation between Huth and Noble, “there is also direct evidence Noble neither invited nor threatened a physical confrontation.”
Noble held his ground, arguing with Huth, but nothing more, Macaulay says.
He rejects Huth’s evidence he felt intimidated or fearful, or that Noble or anyone in his group, acted aggressively or threateningly toward Huth.
“Huth sought out the verbal confrontation with Noble. He also had Davies at or near his side, as well as Poulsen nearby, both of whom had similar physical experiences to his own,” Macaulay says of two other witnesses.
“I am satisfied beyond a reasonable doubt Huth assaulted Noble with the unanticipated, but tragic, result that ensued.”