An appeal filed by a Red Deer man convicted of aggravated assault says the judge erred in applying the legal test for self-defence.
Linden Joseph Buffalo, 30, was found guilty last May of assaulting his then-girlfriend’s father in August 2017 by Red Deer Court of Queen’s Bench Justice Marilyn Slawinsky following a trial.
Buffalo was sentenced last December to 60 days in prison, which was satisfied by time already spent in custody. He was also found guilty of mischief for smashing his girlfriend’s cellphone and fined $500.
In his appeal of his assault conviction filed on Jan. 9, Buffalo says he intends to represent himself.
Slawinsky found Buffalo guilty based on a defensive wound his girlfriend’s father, Travis Peterson, suffered to his hand while he was struggling with Buffalo in his home in the early hours of Aug. 6, 2017.
Peterson had been called to the home by his daughter, who had gotten into a heated argument with Buffalo and had locked herself in a bathroom.
When Peterson arrived, he climbed on top of Buffalo, who was lying in his bed, and punched him once in the face. Buffalo reacted by stabbing Peterson twice, in the neck and hip.
Slawinsky deemed those wounds were in self-defence, but said the third wound to Peterson’s hand moments later was not and constituted aggravated assault.
Buffalo’s family and other supporters were unhappy with the decision, and said right away that they planned to appeal.
In his notice of appeal, Buffalo indicates that should a new trial be ordered, he does not want to have a jury trial.
The appeal will likely not be heard for about a year.