February 27, 2013 - 5:34 PM
By SHANNON QUESNEL
Penticton resident Kevin Kenneth Woods was found guilty in Penticton Provincial Court today of attacking another man with a piece of rebar.
Judge Meg Shaw found Woods guilty of assault with a weapon and possessing a weapon for a dangerous purpose after a fight at an apartment complex at 130 Skaha Place on July 13, 2011. Woods was acquitted of a third charge of assault to cause bodily harm.
Woods had his head down and was sitting beside his lawyer Andrew Vandersluys while Shaw explained her reasoning. She said Woods answered his door that night after hearing loud banging and shouting. Inside the apartment, beside the door, was a piece of rebar that Woods admitted to keeping for security reasons. Woods looked out the door's peephole and saw no one in the hall. He opened the door, stuck his head into the hall and saw Robertson a short distance away.
Woods said Robertson had a knife in his hands. Woods used the rebar to knock the knife away and then hit Roberston in the chest. The two men then struggled in the hall. Around this time another door opened. McDonald had peeked out to see what was happening. The accused fled the scene and took shelter in another apartment. Sometime during this event the police were called.
After the police arrived they took the rebar for examination. RCMP officers also found two knives. The three items had no blood or other evidence.
Robertson had said he was cut by Woods, but Shaw said his injury did not match his claim. The judge said Robertson could have been nicked in the struggle with Woods. She also said the nick was not serious and does not warrant the charge assault to cause bodily harm.
Shaw said there was enough information from Woods' testimony and the testimony of complainants Kenny Robertson and Christine McDonald, to convict Woods on the two charges but not enough evidence to find Woods guilty to cause bodily harm.
Woods will be back in Penticton Provincial Court on April 24 for a pre-sentence report.
News from © InfoTel News Ltd, 2013