By Patrick Burles - @PatrickBurles on Twitter

Accused takes the stand in attempted murder, aggravated sexual assault trial

Feb 2, 2018 | 1:18 PM

LETHBRIDGE – A young man on trial facing charges of attempted murder and aggravated sexual assault took the stand Friday morning, Feb. 2.

The man is now 20-years-old but cannot be identified as he was only 17 at the time of the alleged offence.

He is accused of entering a south side apartment in the early morning hours of May 3, 2015, then sexually assaulting a 45-year-old woman twice, cutting her throat and fleeing the scene.

While the victim survived the incident, both she and her step-father – who witnessed the alleged attack – died of unrelated causes before the trial could begin. Statements they made to police were ultimately admitted into the trial.

Based on a statement from the woman’s step-father – in which he identified the man but provided a different first name – police responded to the youth’s home and took him into custody, noting that they found the victim’s blood on him.

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Taking the stand, wearing dark blue, jail issued clothes and with his legs shackled, the man told the court that he had been living with his sister and her family at the time, a few months after being released from custody.

On the night of May 2, 2015, he said he spent a few hours killing time around Galt Gardens, waiting for his sister and her husband who were at a show at a local bar. After stopping in at another sibling’s home for a little while, he then purchased alcohol and met up with his sister, her husband and a few of his friends. The group eventually ended up back at his sister’s residence, where he said they drank together for about half an hour before he went to bed. Over roughly two hours, he testified that he drank two beers and seven shots.

The man went on to say that he awoke to the sound of someone banging on the door and answered to find three police officers. They searched the residence and asked if an individual with his last name lived there, to which he responded that he didn’t know that person. He admitted to also giving the officers a fake name – noting there were warrants out for his arrest – but his sister informed them of his identity. He said the officers left but came back a couple hours later and took him into custody.

During an interview with police, the man said officers informed him of the allegations against him, adding that they had obtained DNA evidence. To that, he replied that he had been involved in a street fight earlier in the week.

While he couldn’t remember the day, he said a man had asked him for money or cigarettes. He said he flipped the man a loonie and told him to buy cigarettes with it, adding “it might have come across disrespectful.” As he started to walk away, he stated that someone struck him in the back, so he turned, dropped his backpack and took off his shirt, then hesitated as his attacker was with another man and two women. A struggle ensued, with the women jumping on his back and hitting him as he fought the two men, before all of them ended up on the ground. He said he then grabbed his things and ran.

When asked a series of questions by his lawyer, inquiring whether he knew the victim, if he sexually assaulted anyone, or if he broke into a residence and cut the victim on the night in question, he responded each time by saying “No.”

Under cross examination from Crown prosecutor Lisa Weich, he said he did not recognize a photo of the apartment building where the alleged crime occurred – which Weich noted was just around the block from his residence. He also said he didn’t recognize a man who was in a photo with his late father. Weich later explained that that man owned the apartment that the accused allegedly entered on May 3.

From there, Weich suggested that after returning home with the group, the man became upset with his sister and started to argue with her. She said he then left the home and walked around the block, where he noticed the apartment of someone he knew and would sometimes drink with, so he climbed onto the balcony and went inside. As she went over the narrative, she continually stopped to ask if that’s what happened, getting the answer “No” each time.

Nearing the end of cross examination, Weich asked about the street fight and if the man suffered any injuries while fighting off four individuals. He said he was only hit in the back, and while he may have suffered a few scrapes while falling down, he couldn’t say for sure.

With evidence from the Crown and defence concluded, the case was adjourned to Feb. 20, at which time both sides are expected to proceed with closing arguments.

Judge Gregory Maxwell pointed out that considering how long the trial has taken to be heard – it had to be broken up into several parts, with the first dating back to December of 2016 – he said that a decision would not be feasible at that time.