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Winnipeg Free Press - PRINT EDITION

Man hit before fatal blow, friend testifies

'Some guy had punched Kelly... for no reason'

By: Mike McIntyre

Posted: 05/25/2012 1:00 AM

There was plenty of bad blood brewing in the moments before a deadly one-punch fight inside a Winnipeg bar.

Jeremy Botelho, 25, has pleaded not guilty to manslaughter for the April 2010 killing of Kelly Clay, 18. Botelho doesn't deny hitting Clay once in the face but says it was done in self-defence.

Jurors have heard this week from several of Clay's friends, who said Botelho had previously assaulted him that night in the Nor-Villa Motor Hotel on Henderson Highway. James Podolsky told court Thursday that Clay was upset about being "disrespected" but resisted the urge to retaliate.

"Some guy had punched Kelly in the face for no reason, trying to get into an altercation with him," Podolsky said. "He was upset. He just kind of brushed it off."

Podolsky identified the "guy" in court as Botelho, a former football player with the University of Manitoba Bisons who was much bigger and taller than Clay. He said Clay and Botelho crossed paths again just before closing time, when they stood near the washroom and had an unusual exchange.

"(Botelho) leaned over and whispered something in his ear, he was giggling and laughing. He just walked up really close to him in his personal space," Podolsky said, but Clay walked away once again, "shook his head and said he was a jerk or something."

Podolsky then headed to the bathroom himself and emerged to a chaotic scene: Clay was unconscious on the dance floor, and Botelho had just fled.

"He was laying on the dance floor, having seizures, full of blood," said Podolsky, who became emotional while describing his friend's final moments. The judge called a recess to allow Podolsky to regain his composure.

Another friend, Jordan Brown, described a similar prelude to the fatal fight and discovering Clay "laying on his deathbed."

Defence lawyer Ryan Rolston has suggested Clay actually took a swing at Botelho but missed, only to be hit with the single punch that caused him to fall to the floor and strike his head. He told jurors Botelho will testify about what happened after the Crown closes its case.

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

Clay played lacrosse at the provincial level and was part of the West Kildonan provincial title-winning Wolverines 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 national 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.

www.mikeoncrime.com

Republished from the Winnipeg Free Press print edition May 25, 2012 B2