Restaurant owner started fight, but man accused in fatal beating went beyond self-defence, Crown tells court

A Winnipeg man accused of beating Kyriakos Vogiatzakis to death outside his St. James-area restaurant nearly two years ago is expected to argue he was acting in self-defence, a court heard Monday.

Curtis Dalebozik, 40, pleaded not guilty to one count each of manslaughter and uttering threats in connection to the fatal Jan. 24, 2024, confrontation outside the Cork and Flame restaurant on Portage Avenue.

The beating was captured on restaurant security video that was played for court.

While Vogiatzakis may have initiated the physical assault, Dalebozik overpowered him and used force far in excess of what would be necessary to defend himself, Crown attorney Krista Berkis told King’s Bench Justice Sadie Bond.

“Surveillance video capturing the entire incident will assist the court in assessing the nature and extent of the force used by the accused once the immediate threat had ended,” Berkis said. “The Crown will submit that once the accused gained the upper hand, he continued to use force that was unreasonable, and no longer defensive in nature.

A forensic pathologist concluded Vogiatzakis died as the result of multiple blunt force trauma, asphyxia and the “physiological stress of the altercation,” Berkis said.

“The Crown anticipates that the accused may claim self-defence and challenge the cause of death, however we submit that the evidence will show that neither claim is supported,” Berkis said.

“Once the deceased was no longer a threat, the accused continued to use force that was unlawful and unreasonable and directly resulted in Mr. Vogiatzakis’s death.”

“Once the deceased was no longer a threat, the accused continued to use force that was unlawful and unreasonable and directly resulted in Mr. Vogiatzakis’s death.”

At the time, Dalebozik lived at a motel immediately west of the Cork and Flame restaurant.

Dalebozik, gaunt, long-haired and bearded, sat in the prisoner’s box and watched as security video played for court showed him outside the restaurant’s west-side entrance shortly before 5:30 p.m. when Vogiatzakis pulled into the parking lot beside him, exited his vehicle and confronted Dalebozik.

Winnipeg Police Service Const. Stephen Spencer, who was tasked with reviewing security video in the case, agreed on cross-examination that Vogiatzakis initiated the fight when he appeared to punch or shove Dalebozik in the chest.

“That’s basically when the confrontation turned physical,” Spencer said.

Dalebozik briefly retreated to the street before running back toward Vogiatzakis. The men resumed fighting, with Vogiatzakis delivering several uppercuts to Dalebozik’s head and face.

The fight moved to the pedestrian sidewalk where Dalebozik pulled Vogiatzakis to the ground.

“At that time, Dalebozik attempts to put his full weight on (Vogiatzakis’s) head,” Spencer said. “I noted (Dalebozik delivered) several knee strikes to his head and torso and then appears to put him in a headlock.”

After two minutes, Dalebozik stands up and can be seen kicking Vogiatzakis several times as he lay unmoving on the ground.

A female restaurant employee ran outside and confronted Dalebozik before he left the scene, walking west on Portage Avenue.

Police arrested him a short distance away, approximately 80 minutes later.

dean.pritchard@freepress.mb.ca