One-time MMA fighter Not Guilty in punching death
“I didn’t want to hurt the guy. I didn’t think that he was seriously injured. I didn’t know a punch like that could hurt someone so severely.”
The trial of one-time amateur MMA fighter Cory Van Gilder for the February 2016 death of Zachary Gaudette following an altercation in the Cactus Club parking lot in Kelowna, British Columbia, Canada has now concluded, with a unanimous Not Guilty verdict. The trial lasted a week, and the jury deliberated from Monday afternoon to 5:30 p.m. on Tuesday.
The prosecution had argued Van Gilder is an overzealous thug, who took advantage of an intoxicated man. The defense argued he was a hero, protecting those around him from a dangerous threat.
Van Gilder standing in a restaurant parking lot and Gaudette appeared, tearing off his jacket and sweater, screaming and swearing, challenging everyone to fight.
I felt something was wrong with him, said independent witness Tyson Attwood. The veins were popping out of his neck, his face was beet red and he was sweating even though it was minus 10 outside.
The witness was certain the crazed man was about to throw a punch, when suddenly Van Gilder stepped forward and threw one straight right that landed behind the ear. Gaudette dropped.
I guess he must have felt obliged to block us off from this guy and do something about it,” said the witness. If that guy didn’t get punched he was going to punch someone, it was inevitable.”
Van Gilder, 26, sobbed loudly on the stand as he recounted his decision to punch Gaudette on February 17, 2016.
As soon as he turned towards me I hit him, Van Gilder told the 12 members of the jury.
Crown prosecutor Andrew Vandersluys asked Van Gilder why he didn’t restrain Gaudette, given his years of Jiu-Jitsu training.
It all happened so quickly, said Van Gilder. My adrenaline was through the roof. He kept moving. He wasn’t slowing down. I did not want to grapple with this guy. I didn’t know if he had a weapon on him.
I didn’t want to hurt the guy. I didn’t think that he was seriously injured. I didn’t know a punch like that could hurt someone so severely.”
Although Van Gilder was found Not Guilty, he has a death on his conscience for life; he killed a man with his bare hands. Street fights resulting in death from a punch and fall onto concrete or asphalt are unfortunately commonplace worldwide, and one more reason to avoid fights, and all the more so if you are trained.
