Trial begins for Hammond man accused of killing roommate

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Benito Lesiak. | Provided Photo~Sun-Times Media ptmet

Updated: March 9, 2012 8:16AM

Lake Superior Court jurors began hearing evidence Tuesday in the murder trial of a Hammond man who is charged with stabbing his roommate during a domestic disturbance.

Benito David Lesiak, 57, who has pleaded not guilty in the death of Scott Philips, 44, is expected to testify he was in fear during an argument that turned physical, defense attorney Richard Wolter Jr., said in his opening statement.

Deputy prosecutor Christine Parry said evidence would show Lesiak and Philips had been involved in a relationship since around Labor Day 2010. Lesiak had some health issues and needed assistance. In July 2011, during one argument, Lesiak called Philip’s brother and told him he’d see his brother “is in a box,” James Michael Philips testified.

On Aug. 1, 2011, Wolter said his client had grown tired of a third man coming around the home in the 1200 block of Sherman Street and Lesiak’s things disappearing. Lesiak decided he was moving out, which would give Philips only about a month to find another place to live, Wolter said. The argument ensued as Philips tried to talk Lesiak out of leaving, Wolter said, but Philips had punched Lesiak and pushed him up against the kitchen sink. Lesiak told police he grabbed a knife to hold Philips at bay, but Philips lunged at him and was stabbed in the abdomen, Wolter said in his opening statement.

In her opening statement, Parry said evidence would show Lesiak had told the third man Philips didn’t want to see him anymore and gave Philips an ultimatum to choose between the two of them.

Jurors heard the 911 call in which Lesiak admitted he stabbed Philips, who was airlifted to Advocate Christ Medical Center in Oak Lawn, Ill., where he died.

Testimony is expected to continue today before Judge Salvador Vasquez.