The trial of a 31-year-old Yorkton man for an alleged aggravated assault that left another man paralyzed from the chest down has been laid over until the end of December and possibly into February.
Kim Madsen stands accused of attacking then 41-year-old Dennis Peepeetch on September 24, 2015 at the City Limits Inn (CI).
Testimony from Crown witnesses on November 29 and 30 centred around a security camera video taken between 1:30 and 1:45 a.m.
In the video, a somewhat unsteady individual prosecutor Andrew Wyatt identified as Peepeetch is seen getting up from his seat and heading in the direction of the restroom. Moments later he returns, navigating his way through some tables, one of which is occupied by a man identified as Madsen and a so far unidentified woman.
There appears to be a brief exchange between the two men and Peepeetch returns to his seat then almost immediately gets up again and returns to Madsen’s table.
After what appears to be another brief exchange, Madsen abruptly grabs Peepeetch by the jacket throws him to the ground and slams him up and down several times.
Within a few seconds, another man, later identified as CI employee Chris Flasko, intervenes and helps Peepeetch into a chair. He appears unable to hold his head up. Madsen is seen pacing around in the background.
Whenever the video was played, some Peepeetch family members and supporters would begin to cry and/or leave the courtroom. For the family’s reaction to the proceedings please see story on Page A9.
Peepeetch himself testified on the first day via video from the Yorkton and District Nursing Home where he now resides under 24-hour care.
Crown witnesses also included Dr. Anil Kumar, the surgeon who operated on Peepeetch after the injured man was transferred to Regina General Hospital.
Kumar went into great detail about the injuries to Peepeetch’s spine
Wyatt made a point of establishing that, in the surgeon’s opinion, the injuries could not have been caused by Flasko lifting Peepeetch into the chair. The doctor said that action might aggravate the injuries, but it had to be the alleged assault that caused them.
Kumar also testified regarding Peepeetch’s pre-existing spinal condition, a degenerative disease the doctor called “bamboo spine,” which causes inflexibility and predisposes patients to spinal injury.
Wyatt made a point of asking witnesses if it was obvious Peepeetch was not well and underscored the difference in size between the victim and the defendant.
Flasko described Peepeetch as “small” and “fragile.”
On cross-examination of some Crown witnesses, defence counsel David Rusnak worked very hard to establish that Peepeetch had instigated the incident by spitting in Madsen’s face.
Rusnak also questioned the conduct of the investigation. He hammered RCMP corporal Kim Stewart, who was in charge that night, on why she had only secured that one 15-minute segment of video from one camera and why police did not also investigate Peepeetch for assault.
In his cross of Flasko, Rusnak established there are 16 security cameras in the bar that run 24/7 and the recordings are kept for a couple of weeks. Flasko testified he only gave police what he was asked for.
Before the second day of testimony began, Crown and defence advised Judge Patrick Reis they would require at least two more days to complete the trial. A continuation date of February 1 had already been set and there was some discussion about possible dates in the new year. The Crown, however, was concerned about delay. New guidelines based on a Supreme Court decision in R. v. Jordan established an 18-month window from arrest to decision for cases to clear the courts. Given Reis would need at least a month or two for a decision at the end of proceedings, any dates past February would be cutting it too close, they decided.
The judge scheduled two more days on December 28 and 29, but kept the February 1 continuation date as well. Given the Crown is still bringing evidence and the defence has approximately seven witnesses planned, plus closing arguments, it is unlikely the trial will wrap up this year.
