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Stephensen noted Whitebear bear-sprayed Shade during an altercation at a house party minutes before the fatal assault occurred.
“The one with bear spray had a machete, and the one with bear spray was Mr. Whitebear,” he said.
“We know they both stabbed the deceased a number of times — how many times they stabbed him, we don’t know.”
Justice Robert Hall said he has no choice but to delay sentencing that was to begin Wednesday in favour of later sentencing that would involve calling evidence that would last three to four days.
“I can’t see an agreed statement of facts on one hand and then find there is no agreement,” he said.
“It’s a dispute that makes it impossible for me to rule on this matter.”
He agreed the extent of the actions of either assailant in the case has a bearing on moral culpability and thus, sentencing.
A surprised Crown prosecutor Joe Mercier insisted the agreed facts included Crane-Watchmaker’s sole role as the knife-wielder, but admitted that document is now moot.
“It’s obvious an agreed statement of facts is not an agreed statement,” he told court.
A date for the sentencing hearing is to be set Oct. 23.
At Whitebear’s sentencing in February, a statement of agreed facts indicated he was a party to the assault that left Shade dead, but did not stab him.
After being sentenced, he was immediately released after having served the equivalent amount of time in remand.
Shade was a boxer and mixed martial arts fighter, but court heard he was five times over the legal blood-alcohol limit at the time of his death and wasn’t able to defend himself.