A Kelowna man has been found guilty of second-degree murder for bludgeoning a woman to death with a wrench the day after he had met her for a first date.
Brandon Davina, 40, was convicted Monday in connection with the murder of Brianna Jankauskas on the night of Aug. 21, 2023. The pair had met for the first time the day before after a few weeks of talking on Tinder.
Justice Shelley Fitzpatrick announced the verdict, after a 14-day trial wrapped up in November. During the trial, Davina took the stand and admitted to striking Jankauskas in the head with an 18-inch crescent wrench multiple times.
He testified he'd been drinking all day and claimed he attacked Jankauskas after she first slapped and insulted him, calling him a "f**king drunk and a stupid idiot."
While he admitted to killing Jankauskas, his defence counsel Jordan Watt argued Davina did not have the "requisite intent for murder" due to his intoxication at the time. In addition, Watt argued a defence of "provocation," claiming Jankauskas' actions caused Davina to snap and lose his self-control.
The defence was seeking to convince the judge of a manslaughter conviction, rather than murder. A murder conviction requires the Crown to prove beyond a reasonable doubt that an accused intended to kill, or intended to cause bodily harm that would likely lead to death. Manslaughter is defined as a killing without intent.
Justice Fitzpatrick, however, accepted neither defence and convicted Davina of second-degree murder. Davina has remained in custody since his arrest on the morning after the murder. The case will return to court on Feb. 2 to schedule a date for a sentencing hearing.
