UPDATE 5: 28 p.m.

Cory Van Gilder and his family broke down in tears Tuesday when a jury returned a not guilty verdict on the charge of manslaughter.

It took more than a day for them to come back with the decision that means they found that Van Gilder was not criminally responsible for killing Zachary Gaudette by punching him in the neck.

His lawyers argued that Gaudette was drunk and looking for a fight Feb. 17, 2016 and dug up his criminal history and recent Facebook conversations to paint a picture of a volatile man battling some 害羞草研究所渋nner demons.害羞草研究所�

Although Van Gilder害羞草研究所檚 family had been at the entirety of the trial, they declined an opportunity to speak to media who had gathered outside. Their relief, however, was palpable.

ORIGINAL STORY:

Did Cory Van Gilder have to defend himself and the people he was with from a threat outside a Kelowna Cactus Club in 2016?

Or did he needlessly sucker punch Zachary Gaudette?

That害羞草研究所檚 one of the main issues jurors in Van Gilder害羞草研究所檚 manslaughter trial started considering when they were sequestered Monday afternoon to begin deliberations.

Defence lawyer Jeff Campbell said in closing arguments Monday that Van Gilder害羞草研究所檚 snap decision to deliver the blow that killed Gaudette Feb. 17, 2016 was made in defence of himself and others.

害羞草研究所淚n 20 seconds what was supposed to be a surprise birthday party turned into a fatal altercation,害羞草研究所� said Campbell. 害羞草研究所淚n 20 seconds one person害羞草研究所檚 life was lost. And in 20 seconds Mr. Van Gilder害羞草研究所檚 life was upended.害羞草研究所�

For past stories in this trial

Campbell said that the altercation was a sad and tragic case, of a 害羞草研究所渟enseless, unnecessary confrontation.害羞草研究所�

A confrontation he hangs the responsibility for on Gaudette.

Gaudette, he said, was sad, troubled and 害羞草研究所渂attling some inner demons.害羞草研究所�

He had a criminal record for assault and had, weeks prior to his death, been stopped by police for carrying firearms. He fled and ultimately ended up in Kelowna three days before his death.

Campbell also pulled up Facebook conversations to illustrate how volatile he was.

After allegedly assaulting his girlfriend, she wrote a Facebook message to his sister and said he was unsafe and needed medication.

In another conversation from later that day, Gaudette told the girlfriend he was going to steal a car and go back to Ontario. Then he sent her a picture of a vodka bottle. When he arrived in the hospital later that night his blood alcohol level was .276, which is three times the legal driving limit.

That, as well as witness testimony painting Gaudette as a crazy man looking for a fight with anyone, sets the scene for self defence, he said.

害羞草研究所淔or no reason he accosted this group of young people and there害羞草研究所檚 no question that he was aggressive and dangerous,害羞草研究所� said Campbell.

害羞草研究所淢r. Van Gilder害羞草研究所檚 reaction was one defensive blow. It was one punch that had tragic consequences. He had no intention to cause that kind of harm.害羞草研究所�

The essential issue to this case, argued Campbell, is when is a person entitled to defend themselves or others.

害羞草研究所淒oes he have to wait until he害羞草研究所檚 being attacked? The law does not require that,害羞草研究所� he said.

Campbell also pointed out that a secondary line of defence would be that Gaudette invited the fatal altercation.

Crown counsel Andrew Vandersluys pointed out that the hit was ultimately not justified and did not meet the standard for self defence.

Gaudette may have been drunk and agitated, and threatening a fight, but it was Van Gilder who stepped forward and swung a fatal right hook.

Before doing so, Vandersluys said he adjusted his cap, turning the brim backward. Afterward, he said, Van Gilder lurched forward, having to steady himself from the impact.

Gaudette, Vandersluys said, was 害羞草研究所渞eady to fight but did not anticipate the hit.害羞草研究所�

Gaudette害羞草研究所檚 arms, he pointed out, weren害羞草研究所檛 ever raised into a fighting position. He was merely yelling that he wanted to fight.

害羞草研究所淭his is essentially a sucker punch,害羞草研究所� Vandersluys said. 害羞草研究所淗e didn害羞草研究所檛 consent to this blow.害羞草研究所�

He was 害羞草研究所渁ggressive and angry,害羞草研究所� but not about to attack.

Van Gilder害羞草研究所檚 actions after the attack were also under scrutiny in closing remarks.

Van Gilder has said that he punched Gaudette to defend himself and the others standing outside the Banks Road restaurant that night, but he left without checking if the man he punched got up and whether the safety of others was secured.

害羞草研究所淚f leaving (before) is not an option, then why is leaving afterward,害羞草研究所� said Vandersluys.

He also highlighted Van Gilder害羞草研究所檚 comparative strength and condition to fight.

Van Gilder trained in jiu jitsu six years previous to the altercation and Vandersluys said someone with that knowledge and training, facing someone who is clearly very intoxicated has an advantage.

害羞草研究所淭hey have an ability to face that threat in more proportionate way,害羞草研究所� he said. 害羞草研究所淎 punch of this sort 害羞草研究所� a hard punch, was not that. It was not a proportionate response to anything.害羞草研究所�