A violent assault on an elderly Calgary man at a northwestern LRT station contributed significantly to his death two months later, a judge said Friday, finding his assailant guilty of manslaughter. made a judgment.
Judge Glenda Campbell rejected the proposal that the October 22, 2020 death of 81-year-old Tienquan Yang was due to other medical complications following her August 15, 2020 hospitalization.
Yang was rushed to Foothills Medical Center later that day after being pushed backwards by Basil Sweezy at the Sunnyside CT train station, hitting the back of his head against a cement platform.
Campbell agreed with prosecutor Todd Buziak that security video from the station clearly showed Sweezy holding the victim with both hands after falsely accusing the criminal of stealing property. .
“Mr. Sweezy used both hands to press hard on Mr. Yang’s chest,” Campbell said.
A blow to the back of Yang’s head knocked him out. Ms Sweezey immediately tried to support the victim, but “Ms Yang fell behind her like a rag doll under her own weight,” she said.
A Royal Court judge also ruled that Sweezey’s actions were justified because he was trying to retrieve a stolen speaker he had left in a dumpster to recharge while resting on a nearby bench. dismissed defense attorney Telmo dos Santos’ claim that he was
“I don’t think that defense is realistic,” she said.
Mr Campbell said Mr Sweezy had no reasonable grounds to believe Mr Yang had taken his property, which he had left in a public place open to the public.
“All Mr Sweezy had was suspicion and speculation.”
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Surveillance video showed another man removing a speaker from a recycling bin about a minute before Sweezy confronted Jan, who was searching for cans and bottles by a trash can.
Campbell said prosecutors would have to prove two elements of the crime: Sweezy seriously assaulted Yang and the act contributed significantly to his death.
“Mr. Sweezey committed a dangerous and illegal act when he pushed Mr. Yang,” she said.
Dos Santos claimed that multiple medical conditions Yang received after being hospitalized were the main contributing factors in his death.
However, Campbell accepted evidence from pathologist Dr. Eric Boll, who said the cause of death was blunt force trauma to Yang’s head, with other illnesses simply a contributing factor.
“We are pleased that Mr Sweezy’s assault was a substantial cause of Mr Yang’s death.”
Dos Santos asked for the case to be postponed so that he could discuss with Sweezey in custody whether to seek a report on his Indigenous background.
The sentencing date is set for October 14th.
Calgary man convicted in death of elderly man who fell onto CTrain platform
Source link Calgary man convicted in death of elderly man who fell onto CTrain platform