Whitehorse Daily Star

Court hears of blood-soaked crime scene

When Whitehorse RCMP Const. Michelle Aimoe was called to a Fourth Avenue apartment building last September, she arrived to find a man unconscious in the lobby, blood dripping from his head.

By Whitehorse Star on March 23, 2006

When Whitehorse RCMP Const. Michelle Aimoe was called to a Fourth Avenue apartment building last September, she arrived to find a man unconscious in the lobby, blood dripping from his head.

His cap had a 'big glupe of blood,' she told territorial court Wednesday during the aggravated assault trial of David Wiebe, 38.

There was also blood dripping from him onto the top stair heading into the building's basement, the officer testified.

'It was like a leaky tap dripping,' she said.

Aimoe was one of seven Crown witnesses to testify at the trial Wednesday.

From those witnesses, the court learned that Darryl Hewitt would end up spending eight days in Whitehorse General Hospital and another four months recovering before he could go back to his job as a city bus driver after he was taken to hospital when he was found at the landing.

Hewitt, 42, told the court he has no memory of what happened. Last Sept. 13, though, he said he does remember going to the '98 Hotel for a few drinks.

He had gone by himself, but when he got there, he saw Corrine Silverfox and went to have a beer with her. He's known Silverfox for years and was romantically involved with her a couple of times, but last September they were just friends, court heard.

When Silverfox's boyfriend, Wiebe, came in and told her he wanted her to come home, he went over to the bar to leave them alone so they could hash it out, he said.

After he was at the bar for a bit, one of the barmaids told him she wanted Wiebe to leave because Silverfox was being 'manhandled'.

It wasn't uncommon for Hewitt, who had worked at the bar previously, to act on-call in removing people from the bar. When he was asked to remove Wiebe, he grabbed him by his shirt and 'just kind of pushed him out of the bar.'

Wiebe continued to stand in the entrance way for a bit before he left.

It was then he and Silverfox had another beer at the table, court was told. Silverfox wasn't in hysterics, but was emotional, said Hewitt.

As he was driving Silverfox home, the two saw Wiebe walking toward her apartment and decided to take a drive around the city before dropping her off. He remembers driving back to the apartment again.

'The next thing I remember is waking up in the hospital,' said Hewitt.

In his cross-examination, defence lawyer Gord Coffin suggested Hewitt had gone outside at one point to smoke a joint and talked to Wiebe.

Hewitt said he didn't remember it happening but acknowledged it may have happened.

Silverfox, 33, said she had gone to the '98 for a drink with her sister and told Wiebe, who was staying with her and with friends at times, she'd be home in about 45 minutes for supper.

When Wiebe came to the bar to pick her up, she said she wasn't ready to leave. He grabbed her by the arm, she said.

She eventually ended up getting a ride home with Hewitt. After they saw Wiebe walking toward the downtown apartment, they drove around for a bit before coming back.

Hewitt and Silverfox were walking into the apartment when they ran into another tenant who told them she had let Wiebe into the building.

Silverfox said she was upset because tenants weren't allowed to let non-guests in.

She passed Wiebe coming down the stairs as she and Hewitt were going upstairs to the apartment. Hewitt was behind her.

After she passed Wiebe, she heard shouting. When she came back down the stairs, she saw Hewitt lying on the landing and Wiebe at the bottom of the stairs.

'I never saw anything,' she said during her cross-examination.

She noted that all she really remembers is Hewitt lying on the floor 'all beat up.

'I was holding him on his side so he wouldn't choke on his blood,' said Silverfox.

When she asked what happened, Wiebe said something about Hewitt starting it and that he didn't want to do it and that he had to go get help.

Both he and Silverfox got Hewitt on his side before he left to find help.

She had no concerns about whether the two men were in the same place at the same time, she said.

Const. Aimoe was on her way to the same call when she was flagged down by Wiebe, she told the court.

'He was very distraught,' she said, noting she understood him to say that police were needed at the apartment.

When she arrived at the building, she could see inside someone laying there.

Ray Jackson, 66, who was on duty at the apartment on Sept. 13, testified he heard a noise and looked at the monitor showing the lobby to see someone rolling down the stairs. He then saw Silverfox and Wiebe, with Wiebe fighting the man who had rolled down the stairs.

He saw Wiebe hitting and kicking the other man 'many times,' though the other man was out-of-sight of the camera.

Jackson stayed in the apartment because he was scared for his safety.

As he was calling police, another tenant came to the unit to tell him to call police. Shortly afterward, Wiebe came to his apartment and told him to call an ambulance because someone had fallen down the stairs.

He called police again and told them to send an ambulance as well. Police later took a statement from him.

After the ambulance and police had left, Jackson was tasked with cleaning up the landing.

He spent about four hours cleaning blood from the area, including on the glass door, and had to throw a rug out because of the blood. Jackson said there was no blood going down the stairs except for a little bit on the top stair.

Gloria Jack, 23, said having seen Wiebe at the building many times before, she let him in earlier last Sept. 13. As she was out getting wine from the landlord's car later in the evening, she said she told Silverfox, who was coming into the apartment at the time, that she had let Wiebe in.

'She got pretty upset,' said Jack, noting she didn't know the couple had been arguing.

As she was talking to Silverfox, she saw Wiebe stick his head out of the apartment.

The three walked into the building together. Before Jack got to her apartment, she said she heard Hewitt telling Wiebe to get out of the apartment or he'd remove him.

She came out about 10 minutes later and saw Hewitt lying on the landing with Wiebe kicking him and stomping on his head.

'He was just motionless,' said Jack.

She told Wiebe to stop kicking him and was planning to try to stop him but said she was too scared.

That's when she went to tell Jackson. She said she was in the apartment Jackson was in when Wiebe came down to tell them to call the RCMP because Hewitt had tumbled down the stairs.

Local physician Brendan Hanley told the court Hewitt spent about eight days at the hospital recovering from the injuries.

When Hewitt awoke the next day, he could carry on a conversation but easily lapsed into sleepiness.

He also had problems with his balance and slurred his speech, which indicated a brain injury in addition to the bruises, cuts and fractures to his face.

While the injured man was much improved when he left eight days later, Hanley noted Hewitt still required a cane for walking and had subtle speech abnormalities where he would forget a word. He was also unable to drive for four months.

During his testimony, Hewitt said he was able to think properly but was unable to come up with the right words in conversation. He's still not 100 per cent in doing that, he said.

He's still not able to play hockey and is a little uneasy walking at times.

He also had to move in with his mother for care two months after he got out of the hospital.

RCMP Const. Ray Warner, who was with the Whitehorse detachment at the time, took Wiebe to the hospital as well on Sept. 13 to be treated for a swollen hand after Warner arrested him.

The trial was scheduled to continue this afternoon.

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