Hearing to be held to determine facts in stabbing case

Colin MacLean
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Summerside man has already plead guilty to the charges

SUMMERSIDE – A court case, in which a Summerside man was charged with assault with a weapon, was supposed to end Wednesday but instead ended up taking another last minute U-turn.

Summerside courthouse. File photo

Jonathan Douglas Rogers, 22, had already pleaded guilty to the charges of assault with a weapon, failure to appear in court and causing mischief valued at under $5,000. He was supposed to be sentenced following the reading of the facts of the case.

However, the Crown and Rogers’ defence attorney disagreed over exactly what happened on Jan 26, 2013, when he admittedly damaged a trailer and then stabbed the owner in a subsequent confrontation.

“It’s a mess, there’s no question about it,” said Trish Cheverie, who represents Rogers.

A hearing has been scheduled for Jan. 29, to determine what actually happened. As many as seven witnesses may have to be called.

These types of hearings are relatively rare. Usually, by the time a case has developed to the point where a person is pleading guilty to a crime the facts have largely been agreed upon.

In this case, the disagreement surrounds whether Rogers was trying to defend himself during an altercation or whether he was the aggressor.

Cheverie said this point is important because it could affect her client’s sentencing.

Both sides agree that on that day Rogers and three other young men consumed alcohol and went to a property in Summerisde to buy marijuana.

Finding the owner not home they threw debris at a trailer on the property, breaking at least one window.

The owner’s daughter called her father, who came home and started looking for Rogers and his friends.

They found three of the men walking nearby and confronted them.

The situation deteriorated and the trailer’s owner ended up with seven slashing wounds from a Swiss Army Knife, while Rogers suffered injuries to his eye.

The Crown’s information, taken from witness reports, alleges Rogers initiated the fight by knocking down the daughter and stabbing the trailer owner.

Cheverie contends that the owner and his daughter initiated the altercation, that Rogers pulled the knife to defend himself and that he wasn’t even aware he was making contact with the weapon because his hoodie was being held over his eyes.

It will be up to the courts to determine which version of events took place.

 

Colin.Maclean@JournalPioneer.com

@JournaLPMacLean

Geographic location: Summerside, Summerisde

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  • jeff
    December 12, 2013 - 08:52

    Was the trailer that was damaged the same as the one they went to visit or was it just a random other one? Where was this?