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'It was fight or flight': Botelho testifies in own defence at manslaughter trial

By: Mike McIntyre

Posted: 05/30/2012 1:21 PM | Last Modified: 05/30/2012 3:02 PM | Updates

Former U of M Bisons football player Jeremy Botelho is on trial for manslaughter. (BORIS.MINKEVICH / WINNIPEG FREE PRESS ARCHIVES) Photo Store

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A former University of Manitoba football player says he had no choice but to punch a man on the dance floor of a Winnipeg bar — but Jeremy Botelho told jurors Wednesday he was stunned to learn the victim of his single blow to the head had died.

"I was hysterical, crying, praying it was a dream," the soft-spoken Botelho said during a full morning of testimony. "I remember praying he would pull through."

Botelho has pleaded not guilty to manslaughter for the April 2010 killing of Kelly Clay, 18. Although he doesn't deny hitting Clay, he claims it was done in self-defence.

"It was fight or flight," Botelho said Wednesday. He claims Clay seemingly had a grudge against him that night after their paths crossed inside the Nor-Villa Motor Hotel on Henderson Highway.

Botelho said there was clearly a "misunderstanding" between them that had Clay glaring at him near closing time.

Botelho claims the situation escalated when Clay followed him on the dance floor and appeared to be in a position to attack.

"He was right in my face pretty much. It was like (he) was winding up... to throw a punch," said Botelho. That's when Botelho says he immediately responded with a single strike to Clay's head.

"I just reacted quick. It was quicker than it was hard. I just wanted to back him off. To protect myself, kind of to free up some space so I could move," said Botelho.

Botelho quickly fled the bar and only learned the following day that Clay had died.

"It was the worst feeling possible. I was going nuts," he said. "I didn’' meant to hurt him. I was just trying to back him off."

Defence lawyer Ryan Rolston asked Botelho why he didn't simply push Clay out of the way instead of punch him.

"Hindsight's always 20/20. I just reacted," Botelho said.

A pathologist previously testified Clay died as a result of blunt-force trauma to the head. Clay had a blood-alcohol level nearly twice the legal limit for driving and cocaine and marijuana in his system, court was told.

Jurors have heard there was bad blood brewing between Botelho and Clay that night. Several of Clay's friends testified Botelho had previously assaulted Clay "for no reason."

They said Clay and Botelho crossed paths again just before closing time. Botelho allegedly whispered something in Clay's ear, laughed and walked away. Moments later, Clay was unconscious on the dance floor, and Botelho had fled.

Clay was part of the provincial title-winning West Kildonan Wolverines lacrosse team in 2009. He was also part of a high school-age team that went to a tournament in Vail, Colo., in 2008, winning the Division II championship. Clay was named to the tournament all-star team in the midfield position.

Botelho made headlines in September 2009 when the rookie returned a missed Simon Fraser University field goal for a record 129-yard touchdown. He was named the Canada West conference special-teams football athlete of the week for the play.