March 08, 2016 - 10:30 AM
KELOWNA - A Kelowna judge had the unenviable task of determining who was at fault during a fight between numerous people which eventually involved bear spray.
Very little of what happened Feb. 16, 2015, in West Kelowna is agreed upon, but Robbie Thompson was arrested and charged with being in a dwelling without lawful excuse, two counts of assault with a weapon, carrying a weapon, mischief and theft of a motor vehicle.
The details of the case are complicated and in Kelowna court Monday, March 7, judge Vincent Hogan said his decision to find Thompson guilty on some of the charges came down to witness credibility.
“I didn’t find you all that credible,” he said to Thompson after finding him guilty of assault and possession of a weapon. “You admit you think of yourself first at all times. It’s not a good starting point if you want people to believe you.
Crown says on the night of the assaults, Thompson was at the home of the victim and her daughter in West Kelowna. All admit they are part of 'the lifestyle', meaning they take drugs, think of themselves first, use nicknames, never commit anything to paper and don’t involve the police.
The victim allowed Thompson to borrow her car to take his five-year-old son to the child’s mother, but when he didn’t return for several hours, she phoned him and told him he couldn’t stay at her West Kelowna home any longer.
Thompson says he was paying rent in the form of cash and drugs, making him a legal resident.
When he returned a fight ensued between the victim's daughter and her boyfriend, and Thompson and another woman. The other woman said Thompson threatened her with a machete, punched her, threw her to the ground and smashed her head against a table. He denied her account of what happened.
All parties agree that at some point a can of bear spray was used, but Thompson claimed it was a mystery man named 'D' who appeared, sprayed the home and then left. The victim said Thompson covered his face with a cloth and sprayed the walls before leaving with the borrowed car and her cell phone.
Hogan acquitted Thompson on the first charge, being in a house without legal right, but found him guilty of two counts of assault and possession of a weapon.
He will be sentenced at a later date.
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News from © InfoTel News Ltd, 2016