Jury hears 911 call placed after Kamloops man beaten outside bar

Feb 28, 2019 | 2:29 PM

KAMLOOPS — A key witness to an altercation that led to a Kamloops man dying in December 2016 has taken the stand to tell his side of the story.

Dustan Pendrak has been cross-examined for a second day, in the B.C. Supreme Court manslaughter trial of James David Bond. The jury has heard that in December 2016, Pendrak had left Alberta to visit Bond and his girlfriend here in Kamloops.

From the day Pendrak arrived at their home, things were anything but smooth, he testified.

The first night he spent there, Pendrak said a neighbour phoned police due to a loud screaming match between Bond and his girlfriend Sarah Hupe. Pendrak says the fight started because of Bond thinking Hupe was cheating on him.

This happened just a few days before Sean Dunn’s death, and Pendrak told the jury jealousy also fuelled what transpired between Dunn and Bond in the early morning of Dec. 30, 2016.

Pendrak admitted to the jury he was fairly intoxicated throughout the night of Dec. 29 into the next morning, and although he said he hadn’t remembered much of anything, he does remember seeing Bond on top of an unconscious Dunn, punching him in the head.

He told the jury that after him, Bond, Hupe and a few others left the bar, Dunn invited them to go back to his place to party. Pendrak thought Dunn was pretty cool, and the group started walking in the same direction — leaving The Duchess, crossing Tranquille Road, and heading up Wood Street. But an argument had apparently been unfolding between Dunn and Bond, fuelled by Bond being jealous that Dunn was either looking at or talking to his girlfriend.

Either way — Pendrak said the altercation started over a woman.

Pendrak was slightly ahead of the group at this point, and says he remembers hearing a woman shrieking, and turning around to see Bond on top of an unconscious Dunn, repeatedly delivering blows to his head.

He told the jury he ran toward Dunn as quickly as he could and pulled Bond off of him. He compared it to breaking up a fight, but said Dunn was just lying there, unable to move.

Although Pendrak said he could remember this specific incident clearly, defence lawyer Don Campbell suggested that most of Pendrak’s memory from that night couldn’t have been reliable due to how much he drank.

“I’m remembering the best that I can,” Pendrak said during cross examination.

The jury also heard the 911 call Pendrak placed after Dunn was on the ground, and Bond and his girlfriend were about to take off.

“Where are we? Leave her alone!” Pendrak says at the beginning of the call. “Can I get an ambulance right now to… right in front of the strip club. You gotta hurry, there’s somebody here unconscious.”

Pendrak is then heard telling Bond to “get the f— out of here,” and that if he didn’t, he was going to jail. Pendrak told the ambulance dispatcher that a street fight had broken out and everyone involved had left, except for an unconscious man.

Pendrak’s frustrations grew.

“Hurry the f— up is what I’m saying,” he told the dispatcher. “I can’t tell if he’s breathing or not.”

“We’re not going to come there if you’re still there,” the dispatcher replied, after being yelled and cursed at several times.

“I’m trying to save a life here and you’re making it as difficult as possible,” Pendrak said.

As soon as the recording stopped, Pendrak apologized from the stand to everyone who had heard the language he was using. He also asked if he was going to be charged for how he spoke to the dispatcher.

“Nothing bad is going to happen to you,” Campbell told him. “You know that (staying to help) was the right thing to do.”

“Yeah, but it wasn’t enough,” Pendrak said.

“You did everything you could, but nothing could’ve saved him,” Campbell replied.

In his interview with police immediately after the incident, Pendrak described how he was drunk but also said he didn’t know who the assailant was.

“Even though James left me there… I still tried my best not to indicate him or give him up,” Pendrak said today.

“By lying to the police?” Campbell asked.

“Come arrest me then,” Pendrak responded, adding that at that point he was just trying to do his best to protect his friend.

On the stand he asked Campbell if he was trying to make it look like he was making things up in his interviews with police.

Campbell pointed to several of Pendrak’s statements to police in which he talked about his intoxication, and didn’t disclose who was involved with Dunn’s death. He did reveal it was Bond involved a few hours after Dunn died — he said because a man had died and it was serious.

The trial is expected to continue into next week. The charge against Bond has not been proven in court.