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Backyard spat leads to assault conviction

A Canadian Forces reservist has been convicted for attacking two of his neighbours in a Winnipeg neighbourhood in a dispute over trees.Joseph Zielinski, who is 49, had pleaded not guilty to assault causing bodily harm.

WINNIPEG — A Canadian Forces reservist has been convicted for attacking two of his neighbours in a Winnipeg neighbourhood in a dispute over trees.

Joseph Zielinski, who is 49, had pleaded not guilty to assault causing bodily harm.

But a provincial court judge ruled that Zielinski’s version of events “was void of reason or sense.”

Dr. Francis Dominique, who is 73, and his 76-year-old wife told court Zielinski leapt over the fence separating their homes in a violent rage in May 2007.

Court heard he was angry because branches and needles fell into his yard when the couple removed several large trees. Residents had reported similar attacks and suggested the one against the Dominiques was racially motivated because they are from Trinidad.

People from the Tuxedo neighbourhood declared victory after the guilty verdict.

“We’re taking our streets back, one day at a time. There’s no place for this,” said Richard Swyston, who was in court to show support for the Dominiques. He said the Tuxedo area is filled with people from all ethnic backgrounds who have grown tired of being tormented.

“The message is you can’t do this. We’re going to stand up, to not let this happen to us anymore.”

The Dominiques said Zielinski grabbed a leaf blower and shot the debris from the trees back towards them. They said he pulled a similar stunt the previous winter by spraying snow into their yard.

The couple testified he ignored their demands to stop, threatened them and hurled several racial slurs.

“He told us to go back where we came from,” Vydha Dominique testified.

Zielinski then entered their yard, jumped on her neurologist husband and began to knee and punch him, court was told. The doctor’s wife picked up a small stick and hit Zielinski, but because of her limited mobility — she walks with a cane — she was unsuccessful in driving him off.

Zielinski told a much different story. He said it was the doctor who went on a verbal tirade, then grabbed a large stick and began poking at him through the fence.

But Judge Michel Chartier didn’t believe him.

Zielinski is employed with Canadian Forces 17 Wing but has been on leave. He is to be sentenced June 2 and is free on bail.