The Crown is calling it neglect, but the defence says he did nothing wrong.
Closing arguments were heard Thursday at the retrial of former Elgin-Middlesex Detention Centre Guard Leslie Lonsbary.
Crown Attorney Fraser Kelly told the jury that 29-year-old Adam Kargus was brutally beaten to death by his cell mate Anthony George because on Halloween night of 2013 not a thing was done to help him by the guard on duty.
He said, "Adam Kargus was horribly beaten...Mr. Lonsbary sat a mere 46 feet away and did nothing."
Kelly added that there were loud screams during the lengthy beating, "It was obvious that action was required and he had a duty to help Adam."
Before wrapping up Kelly said, "This case is not about doing enough, it's about his decision to do nothing."
Lonsbary has pleaded not guilty to failing to provide the necessaries of life on the night in question.
After the Crown wrapped, Lonsbary's lawyer Ron Ellis gave his closing, telling the jury that his client was not negligent in this case.
"Mr. Lonsbary did not hear any alarming sounds...he did not hear cries for help."
He continued, "Mr. Lonsbary could not hear anything from the control room."
Ellis said the former guard made his rounds that night, "If Mr. Lonsbary didn't care...why did he check?"
The case is now adjourned until Monday when Justice Peter Hockin will give his charge to the jury before deliberations begin.
