Hamilton man guilty of murder in stabbing death of his 16-year-old cousin, Mark Bistoyong | CBC News

The Hamilton man who stabbed his 16-year-old cousin at a family barbecue in 2023 has been found guilty of second-degree murder.

Superior Court Justice Andrew Goodman delivered that verdict in a Hamilton courtroom on Friday. He will sentence Laureano (Lawrence) Bistoyong at a later date. 

Goodman said the crime was a “heartbreaking event,” which started out at a joyful birthday party.

Around 50 people came to the courthouse to support the family of the victim, Mark Bistoyong. Many wore high school sports sweaters with his name on them, or T-shirts reading “justice for Mark.” Inside the courtroom, there was standing-room only. 

When Goodman announced his verdict, there were cheers, followed by sobs. Lawrence looked straight ahead and did not appear to react. 

Police charged Lawrence with murder, in July 2023. 

Lawrence, then 22, stabbed Mark, 16, after a rough game of basketball, Crown and defence lawyers agreed during closing arguments. 

They disagreed over whether Lawrence meant to kill him. Defence lawyer Jaime Stephenson argued there was no animosity between Mark and the accused, who was acting on impulse and didn’t intend for his cousin to die.

It was up to Goodman to decide whether Lawrence was guilty of second-degree murder or the lesser crime of manslaughter. 

Stephenson said in closing arguments in September that Lawrence should be found guilty of manslaughter instead of murder because he had no plan to kill his cousin, but instead “leaned on the counter where the knives happened to be,” picked one up, and “physics” rather than intent resulted in the fatal injury. 

Goodman rejected that argument on Friday saying “I am satisfied beyond a reasonable doubt” that Laureano meant to murder. Goodman said “I cannot conclude [his] actions were impulsive.”

Mark Bistoyong remembered as athletic and well-liked

Mark’s obituary described him as “an endless source of pride and joy to his parents and one of immense strength and guidance” to his three brothers.

He had just finished Grade 11 at St. Thomas Moore Catholic Secondary School on the west mountain, where he played on the football and wrestling teams, the obituary said. He had played hockey and had practised jiu jitsu and Muay Thai.

On July 1, 2023, Mark and Lawrence played basketball at a local court with several of their cousins. The courtroom previously heard that in the final game, the pair got into an altercation, then walked back to the house where the family gathering occurred. 

Stephenson previously said that while the group was eating dinner, Lawrence left and threw up, telling his father he’d been sick because he hurt his stomach during the fight. 

Crown argues Lawrence meant to kill Mark with kitchen knife

Lawrence went into the kitchen, picked up a chef’s knife and stabbed Mark in the chest while he sat in the dining room, Assistant Crown attorney Michael Dean told the court in September.

He argued anyone taking such an action would know it was likely to cause death. The defence countered that Lawrence stabbed Mark without precision, guided by “physics” rather than intent to kill.

Therefore, Stephenson argued, Lawrence should be found guilty of manslaughter.

Goodman said he was unconvinced by the defence and did not believe that Lawrence acted on an overpowering impulse, or that he had been provoked by the basketball game. He said at least 20 minutes passed between the game and the murder, “plenty of time for cooling off.”

Unclear why Lawrence killed Mark, Goodman says

No words were exchanged at the game, Goodman said, and despite attributing his upset stomach to a tackle from Mark, Lawrence told people he was OK before he killed his cousin.

There is no evidence of threats or animosity from Mark toward Lawrence, Goodman said.

He told the court that Lawrence stabbed Mark with the biggest knife available and with almost enough force to reach the back of his rib cage. It would have been obvious to Lawrence, Goodman said, that this would cause “catastrophic” harm. 

“We don’t know what the accused whispered to Mark, if anything, just prior to the stabbing,” he said. “Why did Laureano stab Mark? It is unexplained.”

But, Goodman said, motive need not be established to find Lawrence guilty, and it is not his role to speculate. 

Lawrence to be sentenced later

Since Goodman found Lawrence guilty of second-degree murder, he will face life in prison with no parole for between 10 and 25 years.

Goodman will sentence him at a later date. He said it will take at least a day to do so, since the Crown said 35 to 40 people want to read victim impact statements into the record. 

Outside the courtroom, Mark’s family addressed supporters, thanking them and saying they loved them. They said they got justice for their son, who died for no reason.

One of those supporters, Elizabeth Clannon, spoke to reporters on the courthouse steps. She said he’s a longtime family friend and remembers Mark as someone who “brightened everyone’s day.”

“We’re quite a close-knit community,” Clannon said, and it was “touching” to see everyone who came out for a family who’s gone through such hardship.

“I’m happy for the family that we got justice for Mark,” she said.