New Year's stabbing charges dismissed

A judge has dismissed charges against a Sault Ste. Marie man who stabbed a friend during an altercation that occurred after a New Year's Eve house party three years ago.

Cole Speers went to trial on three counts — assault causing bodily harm, uttering a threat to cause death and possessing a weapon to commit an offence.

The charges stemmed from an incident that occurred in the early morning hours of Jan. 1, 2016.

A few days later he was arrested and initially charged with attempted murder.

During the trial, which took place over four days during February, May and August of this year, the court heard testimony from numerous individuals, including city police officers, party goers, the accused and the complainant.

Assistant Crown attorney Matthew Caputo prosecuted the case, while defence lawyer Anthony Orazietti represented Speers.

Joshua Curtis McDonald suffered stab wounds, mostly to his upper torso — none of which were life threatening and some were superficial — in the altercation.

He testified that blood was gushing all over the place and that he had received 36 stitches, but medical reports filed as evidence at the trial indicated he had received a total of eight stitches.

In a 32-page decision released last week, Ontario Court Justice Romuald Kwolek noted both men had admitted consuming substantial amounts of alcohol and some other drugs, as had most of the other witnesses who were at the party at McDonald's home.

"The court is faced with conflicting versions of the events," he said.

Kwolek called the evidence of the witnesses, especially that of Speers and McDonald, "inconsistent, often internally contradictory."

He described the 25-year-old accused as "an extremely poor witness" and not credible regarding the circumstances of the actual physical altercation between the pair "since his various versions are irreconcilable."

The 29-year-old complainant, Kwolek said, "clearly was a reluctant witness and at various times seemed to be giving his evidence grudgingly, at times indicating he did not wish to be present to testify."

The judge said "based on the totality of the evidence" that he was satisfied that McDonald was the agressor and confronted Speers.

Police officers who responded to the incident described the complainant as intoxicated and "jacked," Kwolek noted.

"There was very little evidence that the accused showed any signs of aggression prior to the actual incident."

Speers had left the residence and was waiting, with his friends, for a ride home, when he was confronted by McDonald's brother.

The complainant rushed toward the group in an aggressive manner, "based on his perception that the other two males were cornering his brother," the judge said.

There was a struggle during the altercation, and Speers, who had a knife or other sharp implement "ostensibly to protect himself," stabbed the complainant.

"The court does not accept the evidence of the accused as to what transpired on the evening in question," Kwolek said.

"However, based on the evidence that I do accept, I am left in a reasonable doubt as to the guilt of the accused on the charge of assault causing bodily harm."

Kwolek indicated his concern that a weapon was used during the altercation, and whether it was or was not a a disproportional response to the use of or threat of force.

But he said he is not satisfied, based on the totality of evidence, beyond a reasonable doubt, that Speers was not acting in self defence.

Kwolek also dismissed the other two charges.

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