Aidan and Angus Kee had been drinking on the night of Nick Tanti's death.
But it's unclear just how much alcohol they had in their system when the three were involved in the fatal altercation outside a Downtown Guelph pool hall on Feb. 29, 2020.
The second day of their murder trial Tuesday finished with an agreed statement of facts, which Crown Attorney Thomas Meehan read to the jury.
It most notably contained the toxicology analysis of Tanti's blood and urine, and the DNA analysis of blood found on both the knife and clothing worn by Aidan and Angus that night.
Betty Chow, a forensic scientist, examined the blood and urine taken from Tanti's body during the autopsy.
It detected no legal or illegal drugs, including cannabis, but did find alcohol that suggested Tanti was under "a moderate level of intoxication" at the time of his death, the statement read.
Tanti had 124 miligrams (mg) of alcohol per 100 millilitres (mL) of his blood.
For reference, the "over 80" rule when arresting someone for impaired driving means they'd have more than 80 mg per 100 ml in their blood.
The urine sample did pick up more (177 mg of alcohol per 100 mL), but Meehan added it's normal to find a higher level in urine than the blood, due to the way alcohol is absorbed and metabolized in the body, so the higher level isn't something of significance.
Meantime, both the Crown and defense agreed after analysis conducted by Roger Frappier, a forensic scientist at the Centre of Forensic Science in Toronto, that the blood found on the knife, Aidan's jeans and Angus' hoodie belonged to Tanti.
The knife itself was agreed to have belonged to Aidan, given to him as a Christmas gift from a friend in 2019.
Three Guelph police officers — including the two who brought Aidan and Angus to the police station separately — took to the stand Tuesday, along with two members of the Guelph-Wellington Paramedic Service.
Cst. Jenifer Nadalin was the first to testify. She was the one who was with Acting Sgt. Christopher Sutter at Allan's Bridge, handcuffed Angus and brought him to the police station.
Nadalin said he appeared uninjured, and believed he had been drinking, but was unsure of how much he would've had.
"He had some glassy eyes," she said, adding he wasn't "stumbling or anything like that."
Nadalin was also the one to inform Angus at the station that Tanti had passed away, and "cautioned him on the charge of homicide," and he indicated he understood.
Cst. Gregory Mitchell was the one that handcuffed Aidan, after arriving on scene at Allan's Bridge to find both Sutter and Nadalin, and both brothers on their knees.
He noted a smell of alcohol on Aidan, and testified that while he appeared "unsteady on his feet," he was able to follow directions after having a hard time at first.
It's not known how much alcohol was in his blood.
Cst. Jodi Knox, who was the fifth and final witness to testify Tuesday, confirmed no breath test was given to Aidan.
After seizing items — among them a T4 slip with Aidan's name on it, clothing, a cell phone and a phone charger — Mitchell also observed a patch of blood on his pants, as well as the injuries to his face.
This included a cut on the bridge of his nose, and his left eye that was "swollen black and blue" and swelling shut.
Mitchell added in his testimony Aidan's right eye was "watery and had that glazed look, that deer in the headlight look."
Aidan and Mitchell did wait about 40 minutes after arriving at Guelph police headquarters to go in, as officers were processing Angus first.
During that time, Mitchell confirmed Crown Attorney Leila Mehkeri's inquiry that he was rambling, but conversing, was able to answer questions and didn't appear to be in medical distress.
The court then heard Aidan's clothing was taken for evidence, he was brought into another room and was later taken to hospital for assessment, x-rays and treatment.
Mitchell followed the ambulance in a cruiser, while Knox travelled in the ambulance. Both officers were at Guelph General Hospital until 6:22 a.m., when they turned custody of Aidan over to other officers that arrived.
Knox had custody of Aidan for about an hour and a half before paramedics arrived, minus a brief bathroom break Aidan asked for.
She noted "his speech was not slurred, his sentences were well put together" and didn't recall any issues with him walking, whether that be at the station where Aidan was mostly sitting, or when he was at the hospital.
She confirmed Aidan had also received a tetanus shot while in hospital.
Kelly Gouweloos and Christopher Baum were the two paramedics that transported Aidan to hospital, both arriving in an ambulance shortly before 4:30 a.m.
They both said Aidan was put on a stretcher, the normal way they transport any patient, and when prompted, was responding to questions appropriately.
"He was oriented and alert," said Gouweloos, adding she was unsure how Aidan could see out of his left eye, as it was swollen shut by the time they arrived in hospital.
"Based on observations, there was no indication that he had been drinking," Baum testified.
The trial continues Wednesday.
