Friends and family of Brianna Jankauskas cried and hugged following the guilty verdict of second-degree murder for her attacker.
Kelowna resident Brandon Davina was found guilty by Justice Fitzpatrick in Kelowna Supreme Court on Jan. 26.
Fitzpatrick rejected much of Davina’s testimony that he had been provoked by the victim and had little memory of the events that occurred due to alcohol and marijuana consumption, ultimately rejecting the defence’s arguments that the charge should be changed to that of manslaughter.
The court heard that Davnia had picked up Jankauskas in Vernon on Aug. 20, 2023 and drove the pair back to his place of residence at 337 Hardie Road for a first date. This was the first time the two had met in person since connecting through a dating app.
Jankauskas had stayed overnight at Davina’s house and Davina skipped work the following day to spend it with Jankauskas. Later in the day on Aug. 21, 2023, Jankauskas was texting two friends, stating Davina was drunk and angry. Her friends advised Jankauskas through texts to call the police if she was feeling unsafe, the court heard.
Davina testified in court that Jankauskas had pushed him and called him names while the pair was in the kitchen of his home. The court heard that Jankauskas walked away from Davina and sat on the couch on her phone.
At this time, Davina picked up an 18-inch crescent wrench and beat Jankauskas over the head, with an expert witness testifying the autopsy revealed 16 injuries to the head.
At approximately 9:30 p.m. on Aug. 21, 2023, Davina called 911, stating someone was dying on his couch and provided an address. When asked what happened, Davina told the dispatcher it didn’t matter.
The arriving officer knocked on the door, but no one answered. Checking around the property, the officer noticed a person inside and entered the house through an unlocked door at the back of the residence.
Jankauskas was found bleeding profusely and unresponsive. Paramedics were called to the home, but despite life-saving measures, Jankauskas died in hopsital in the early hours of Aug. 22, 2023.
Davina fled the scene before officers arrived.
Justice Fitzpatrick rejected that Jankauskas had provoked Davina by pushing him or calling him names, agreeing with Crown counsel that Davina’s testimony was not credible or reliable. The judge added that even if she accepted the notion of provocation, she rejected the argument that the attack was spontaneous. Fitzpatrick said Davina waited until Jankauskas was seated on the couch and not paying attention to the fact that he picked up the wrench. The court also heard that the victim had no defensive wounds as she likely didn’t see the blow coming.
Justice Fitpatrick also rejected the claims that Davina lost volition due to the consumption of alcohol, stating there was no evidence to say how much the accused did or didn’t drink that day. Witnesses testified that Davina is a high-functioning alcoholic and had driven and gone to work after drinking in the past without incident.
It was found that Davina had the intent to harm Jankauskas, knowing his actions were likely to cause death.
Davina will return to court for sentencing at a later date.