WINNIPEG – A Winnipeg man has been discovered responsible of aggravated assault after a vicious assault with a hammer left a teen with life-altering accidents.
Jerry Robert Kipling appeared earlier than the court docket by video, the place choose Murray Thompson learn his choice highlighting the vicious assault that passed off exterior a downtown pizzeria.
He described how the attacker struck with such pressure the deal with broke off, leaving the claw finish of the hammer embedded within the 15-year-old’s cranium.
Court docket heard there have been no eyewitnesses to the crime and the sufferer couldn’t recall particulars of the assault.
The incident was captured by a number of cameras however the photographs didn’t present sufficient element to positively determine the perpetrator.
Pictures of the assault had been later shared by police with the general public at which level Kipling’s aunt and cousin got here ahead and took the stand figuring out him because the attacker seen on video.
“That made the case troublesome from a protection standpoint,” mentioned Mike Prepare dinner, Kipling’s defence lawyer.
Prepare dinner argued that if his consumer had been the individual seen committing the assault, a few of the sufferer’s blood would have inevitably been current on his consumer’s garments, backpack, or footwear, all of which had been taken by police and despatched to forensics.
All got here again with no DNA proof linking him to the sufferer.
“So, I assumed the science didn’t again up the Crown’s case however definitely the Crown relied on the relations that testified,” mentioned Prepare dinner.
The crown argued the absence of DNA or blood on the accused was impartial given there was no battle and just one blow. Kipling’s defence lawyer additionally raised points over a big tattoo of a cross that Kipling at present has on his left forearm
“[We] froze the video and we had a close-up image of the video and the video confirmed that the guy within the restaurant didn’t have any tattoos on his left arm.”
Prepare dinner argued due to this, his consumer couldn’t be the person within the video. Officers that arrested Kipling took the stand and testified he didn’t have the tattoo on the time of his arrest and really nicely may have gotten it in jail or after the assault passed off.
The choose was in the end happy the individual on video was Kipling who will now have to attend for sentencing later this month.