Despite contradictory testimony from witnesses, a Penticton man has been found guilty of assault with a weapon and possessing a weapon for a dangerous purpose.
Kevin Kenneth Woods was arrested on July 13, 2011 after an altercation with Kenny Robertson, who both lived in apartments at 130 Skaha Place at the time. The incident left Robertson with a knife wound and bruises from being hit with a foot-long piece of rebar.
Judge Meg Shaw said in her decision on Wednesday that the complainant and a witnesses gave conflicting evidence in their testimony. Christine McDonald, another resident in the building, said she saw Woods go "mental" and attack Robertson. She claimed she heard Robertson asking Woods for a cigarette in the hallway and an argument ensue. McDonald told the court she looked out the peephole of her suite and saw Woods lunge at Robertson with a knife and stab him.
Robertson testified he was drinking that day but was not "blasted" and did not know what sparked the assault. He said there was a scuffle and he fell on the knife while fighting on the ground with Woods and that was how he got stabbed. He said Woods then hit him several times in the body with the rebar.
RCMP seized the rebar, which Woods left at a neighbouring apartment suite, and two knives found in Woods apartment but had negative results in producing DNA or print evidence on either of the items.
Woods testified he had a piece of rebar by the door because of recent disturbances in the apartment hallways. He said he was angry that someone was making noise by banging on doors and poked his head out of his apartment door with the rebar in his hand when Robertson came after him with a knife.
Judge Shaw she was left with "reasonable doubt" that Woods was in possession of a knife when he left his apartment to confront Robertson. She also questioned why Woods would decide to go after Robertson with the rebar when he could have easily stepped inside his apartment to call police.
"He chose instead to confront Robertson and strike him with rebar. Those actions are not consistent with being threatened with a knife," said Shaw.
A pre-sentence report has been requested by Woods before sentencing is to take place. He is next scheduled to return to court on April 24 to see if the report is complete and fix-a-date for sentencing.