Not guilty verdict on stabbing charge

Jonathan Sparks pled not guilty to charges of assault with a weapon, possession of a weapon, and carrying a concealed weapon. The alleged victim, Mr. Kennedy, who lives on the same road as Mr. Sparks, was the main witness for the prosecution. He testified that at 3am in the morning early last July, Christopher Gould, who Kennedy knew from school days over a decade ago, knocked loudly on his door. Kennedy came down the stairs from the upstairs bedroom to the door, opened the light and the door to talk to Mr. Gould.

“He kept yelling to me that I had sold him out to the Badour’s. I told him I didn’t know what he was talking about. Then I noticed a figure in the shadow next to the door on my little flower bed, and then I saw a knife jabbed upwards towards my face. I slammed the door twice on the man’s arm until I could get the door closed,” Kennedy told the court.

Kennedy then said that he told the two men, through the locked door, that he was going to call the police and they backed away. He called the police and then went back to the door, since the two men had not left the property, and told them he had called the police.

Kennedy said that at that time, Jonathan Sparks, who he had already identified in court as the perpetrator of the attempted stabbing, doubled back to the front door and slammed his head into the door several times while making guttural noises. The two men, Sparks and Gould, then left. Kennedy said that the entire incident took 15-20 minutes.

During the cross examination, Mr. Spark’s lawyer said that the part of Kennedy’s testimony about slamming the door on Jonathan Sparks arm and him doubling back and slamming his head against the door, was not part of what he had told police on the night in question. Kennedy said that he was in shock after having a knife “inches from my face” and maybe forgot the details at the time.

Two police officers testified. The first to arrive on the scene that nigth recounted what Kennedy told him when he arrived and in a subsequent video interview at the station. He did not recall Kennedy talking about slamming the door on the attacker’s arm or the head banging incident Kennedy described in court. The rest of his testimony was consistent with what Kennedy had told the court.

The second officer said that she went to Christopher Gould’s house after hearing the allegations, and said that in a small house trailer on the property she found Sparks, Gould, and another man. There were empty cans of beer and coolers in the trailer. Gould came outside to talk to her, and he did not fit the description of the attacker, but she looked in the trailer and saw that Sparks did. He fit the physical description and the hoodie on the couch where he was sitting fit Mr. Kennedy’s description of the clothing the attacker had been wearing. He came outside and was placed under arrest. Later, under his seat, a knife handle was found, but no blade was located.

In his own testimony, Jonathan Sparks admitted that he had gone to Kennedy’s house with Gould, but said he remained at least six feet away from Kennedy while Mr. Gould berated him. He said he did not have a knife with him and that no attempted stabbing took place. He said that Kennedy said he was going to call the police and that they left. He said that when Christopher Gould suggested they go to see Kennedy, he went along but did not know anything about what Gould had in mind.

Judge Griffin addressed Mr. Kennedy when delivering his verdict.

He told Kennedy that he believed his testimony and that Sparks was not telling the truth in court, and said that the fact that the knife was never found doesn’t change anything. He said that if he was ruling on the balance of probability he would convict, but the burden of proof in criminal offences is higher than that.

“As long as there is reasonable doubt I have to acquit, and there is reasonable doubt here, I am not 100% certain,” he said, “it would have helped if we had heard from Mr. Gould but we did not. The fact that Sparks, who is 43, has never been convicted of an offence, must also be taken into account.”

Sparks was acquitted on all three charges and was greeted by his relieved family. Mr. Kennedy left the court, muttering to himself.

Conditional Discharge – Daniel Mctiernan pled guilty to a charge of assault, mischief under $5,000, and threaten death/bodily harm. In a plea deal, he was given a conditional discharge, 12 months probation, and a do not contact the victim in the case.

“If you do all the right things, you will not end up with a criminal record,” said Judge Griffin, “if not, it will be a different story.”

First Appearances – Sasha Baillargeon, charged with mischief under $5,000, set a trial date for September 23.

Randy Vankoughnet appeared in court to answer a charge of failing to attend court. He wondered what the status of the other charges he is facing is. Judge Griffin said he did not know, but they were probably on hold waiting for this appearance. He will return on July 15 to face all of his charges.

Ongoing – Chantel Deschamps, facing a charge of theft under $5,000, will return on July 15.