Attorneys deliver closing arguments in Mt. Baldy sword attack trial

By Will Bigham, Staff Writer

POMONA – Jury deliberations are expected to begin today in the trial of two brothers charged with attempted murder in connection with a samurai sword attack on Mt. Baldy last year.

Thursday’s proceedings in Pomona Superior Court included jury instructions and closing arguments from the prosecutor and the attorney representing one of the brothers.

Ontario residents Wesley Brockway, 27, and Eric Brockway, 33, are accused of trying to kill David Gregory at Gregory’s Mt. Baldy cabin on Sept. 30, 2007.

The attack was meant as retaliation for Gregory’s removal of graffiti left by the brothers and others along a trail leading to Gregory’s cabin, prosecutors say.

The two brothers testified this week, and both emphatically denied trying to kill Gregory, who nearly bled to death after he suffered stab wounds to his left shoulder, arm and hand.

Wesley Brockway, who is accused of hacking Gregory with a samurai sword, said Gregory attacked him without provocation.

Gregory may have been cut during a struggle over control for the sword, Brockway said.

The brothers are each charged with four felonies: attempted murder, conspiracy to commit a crime, torture and aggravated mayhem.

In his closing argument Thursday, Deputy District Attorney Stefan Mrakich said the Brockway brothers visited Gregory’s cabin the afternoon of the attack intending to kill the man, who Wesley Brockway said had been his friend since 2003.

Mrakich called the brothers “violent and sadistic.”

“In this case there is no reasonable doubt,” Mrakich said. “… The evidence is overwhelming.”

Three days before the attack, the brothers and two other men visited Gregory for an barbecue. When it ended, Wesley Brockway spray-painted several profane messages about Gregory on the trail leading to the man’s cabin.

Gregory said he woke the next morning and painted over the graffiti.

Wesley Brockway said he visited the next day as well, and was pleased to see the graffiti had been removed because he felt bad about it.

Mrakich said the facts of the case prove otherwise. The brothers, he said, felt “rage” over Gregory’s removal the graffiti, and returned on Sept. 30 intending to attack him.

In reference to the brothers’ testimony this week denying the prosecutor’s claims, he called them “liars.”

Eric Brockway is accused of spraying Gregory in the face with pepper spray once Gregory had already been wounded by his brother, then telling Gregory he wouldn’t leave the mountain alive.

John Stanley, Wesley Brockway’s attorney, said the prosecution’s version of events is implausible.

“If it’s implausible, it’s reasonable doubt,” he said.

He said the brothers went to Gregory’s cabin the day of the attack intending to apologize for the graffiti.

He said that if the brothers had intended to attack Gregory that day, they would not have brought food for a picnic and invited three potential witnesses along for the visit.

On the day of the attack, the Brockway brothers visited Gregory’s cabin with two of Wesley Brockway’s friends and a woman who was friends with Eric Brockway.

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