Man guilty of assault using knife and vacuum
Sentence will pronounced later for a former Coronation man convicted on Thursday of assaulting his roommate.
Daniel Holland, 57, was charged with assault with a weapon, aggravated assault and using a knife for a criminal purpose by police called to a home in Coronation just before midnight on Dec. 1, 2010.
Holland, who now lives in Drumheller, was tried this week before Justice Monica Bast in Red Deer Court of Queen’s Bench.
In giving her decision on Thursday, Bast said she found conflicting testimony between Holland and the complainant, Steven Polege, 40.
Bast said physical evidence from the house casts doubt on Holland’s story, but supports Polege’s version of the events.
Polege testified earlier that he had words with Holland after coming home late to find the house locked, music blaring and Holland inside, intoxicated.
He was eventually let into the house, had a drink with Holland, showered and went to his room to watch a movie.
Polege said “the fight was on” when Holland came into his room, armed with a steak knife, and “poked” him in the stomach, causing a wound that needed two stitches.
Holland said he grabbed the knife from beside the stove after Polege jumped him in the hallway, striking him over the head with a vacuum cleaner and knocking him to the floor.
Bast said she found it difficult to believe that Holland would have been able to reach the knife from the hallway while on all fours, with the stove at least three metres away.
She said the evidence presented to her was not strong enough to convict Holland of aggravated assault, but would support a conviction on the lesser offence of assault causing bodily harm. At the request of Crown prosecutor Tony Bell, she stayed proceedings on the balance of the charges. A stay means those charges remain in limbo for up to a year and are dismissed at that time if no further action is taken.
Sentencing was adjourned at the request of defence counsel Molly McVey, who asked that a pre-sentence report be prepared for her client.
A date for the sentence hearing is to be set during arraignments in the Court of Queen’s Bench on Oct. 7.