Penticton

Photo: Deborah Pfeiffer

Kevin Woods enters courthouse for prior appearance

A Penticton man accused of a violent attack at an apartment complex was found guilty of two of the charges against him on Wednesday.

Judge Meg Shaw decided after hearing evidence in the case, that Kevin Woods was guilty of count one, assault with a weapon, and count three, possession of a weapon for a purpose dangerous to the public.

In both instances, she decided a piece of rebar was the weapon used in the attack, not a knife and the rebar as suggested earlier.

Woods , 42,was acquitted on count two,  assault to cause bodily harm, because the injuries to the victim were not sufficient  to meet the definition of bodily harm in the criminal code.

In reaching her decision, Shaw said she found the evidence of the accused, the victim Kenneth Robertson and the neighbor who observed the altercation, in July of 2011, to be in conflict, raising the issue of credibility.

In terms of  evidence given by the accused that he was defending himself because Robertson had a knife, she said she believed he already placed the rebar by the door intending to use it as a weapon.

That decision was made after an earlier incident in which a neighbour banged on the door in a threatening way.

During the trial, Robertson testified that a simple request for a cigarette led to the attack at the apartment building on Skaha Place.

He said he was knocking on the door of a friend’s when Woods came out and attacked him with a knife and a bar.

The neighbor, who also testified, said she was horrified and scared when she looked out the door.

She described Woods as going mental and attacking Robertson, who she described as a longtime acquaintance who she previously used cocaine with.

In his testimony, Woods claimed he was  terrified and defending himself when Robertson came to his door with a knife.

As the fight between the two men in the hallway escalated,the neighbor came out and started yelling “get him, Kenny kill him.”

In her submissions during the trial, crown counsel  Catherine Crockett stated Woods’ version of events painted him as the victim, but in reality he was tired of people knocking on his door and was going to chase away whoever knocked.

It was Woods who went toward Robertson with the knife and pipe in his hand, she said.

Defence lawyer Andrew Vandersluys stated Robertson was intoxicated at the time and looking for revenge when he confronted Woods.

A pre-sentence report will now be prepared for Woods. His next court appearance is April 24.