A Chilliwack man was found guilty of the 2022 murder of 64-year-old Holbert Tew in Mission.
The jury came to the decision on Thursday (Feb. 27) at B.C. Supreme Court in Abbotsford. The trial began Jan. 13 and wrapped up with closing submissions on Feb. 25.
Matthew Bauer, 29, now faces an automatic life sentence for second-degree murder.
He previously pleaded not guilty to the charge and elected to be tried by jury. During closing submissions, the defence asked the jury to find Bauer guilty of manslaughter. The defence lawyer argued that the Crown couldn鈥檛 prove Bauer鈥檚 intent, with intoxication on methamphetamines as a relevant factor.
The charges stem from a fatal stabbing on Dec. 14, 2022 at a Fourth Avenue residence in Mission near Mary Street at approximately 7 a.m.
Holbert 鈥淗olly鈥� Tew was living with his brother David in a longtime family residence in Mission at the time of the stabbing.
At the beginning of the trial, the Crown told the jury that Holbert fell asleep on a couch in the living room on the day of his death and didn鈥檛 check to make sure the doors were locked.
David Tew was awoken in the basement suite by loud noises and saw a man unknown to him standing at the top of the stairs. During a confrontation with Bauer, he saw his brother emerge, per the Crown.
Holbert had been stabbed four times with wounds to the head, neck and back.
The Crown said David grappled with the man, and they fell, with both men biting each other in the struggle as well. The younger man gained the upper hand and David got away to call 911, per the opening remarks.
First responders attempted life-saving efforts, but Holbert was pronounced dead on the scene.
At the time, investigators from RCMP鈥檚 Integrated Homicide Investigation Team (IHIT) identified 27-year-old Bauer as a suspect and arrested him on Jan. 6, with a second-degree murder charge coming the following day.
During closing submissions, the defence said there was no dispute that Bauer was using a significant amount of meth and he was not in a state that made him appreciate his surroundings. He pointed out the possible influence of drug-induced psychosis on the attack.
According to the closing submissions, Bauer was seeing 鈥渟hadow people鈥� and thought Holbert Tew had a gun. The defence lawyer said Bauer misperceived a threat due to his drug-induced state.
鈥淗ow could you possibly perceive a sleeping man as a threat unless your thinking is impaired?鈥� the lawyer asked.
Bauer鈥檚 lawyer argued that if there was intent to kill Tew, Bauer wouldn鈥檛 have stopped. He said nothing in the evidence suggests Bauer was prevented from continuing the attack.
The Crown prosecutor said the case was tragic for Holbert Tew, his brother David who confronted Bauer and testified in the trial, and even Bauer himself.
He said at its core, it鈥檚 a simple case 鈥� Bauer chose to break into the Tews鈥� home after using meth with the intent to steal things to pawn for money and became fearful of the sleeping Holbert after entering.
The Crown added that the information on Bauer鈥檚 meth use on the day of the incident was wildly inconsistent and unreliable. Bauer鈥檚 recollections on the amount of meth he consumed ranged to as high as 42 grams.
鈥淭his is like a Herculean amount of methamphetamine,鈥� a forensic psychiatrist testified.
Bauer unreasonably believed that Tew was a mortal threat, the Crown said. Bauer told police and testified to the jury that he had a fight or flight response. He also testified that he remembered stabbing Tew, 鈥渂am, right in the head鈥� but only remembered stabbing him once.
The Crown argued Bauer formed the intent for murder in choosing to fight, not using brass knuckles in his pocket or items from the living room, and creeping to the kitchen to find a knife.
A sentencing hearing will be held at a later date to determine when Bauer is eligible to apply for parole, which can range from 10 to 25 years. Bauer's next court appearance is slated for March 4 to set the date.
