Whitehorse Daily Star

Officers tell court of assault scene

A 40-year-old Whitehorse man who is on trial for assault with a weapon will present his side of the story in court Thursday, following an attempt on his part to secure legal representation.

By AP on February 6, 2008

A 40-year-old Whitehorse man who is on trial for assault with a weapon will present his side of the story in court Thursday, following an attempt on his part to secure legal representation.

Gerald Dupont requested an adjournment in court Monday morning as he did not wish to proceed without legal counsel.

Crown prosecutor K.C. Komosky said he opposed the adjournment because all of his witnesses, one of whom came from Faro, were already present.

Judge Donald Luther denied the adjournment and the Crown proceeded with its case.

Komosky's first witness was RCMP Const. Scott Wessell, who responded after hearing about an assault with a weapon over the police radio on Aug. 18, 2007.

On attending a residence in the Kopper King Trailer Park at approximately 8:45 p.m., Wessell saw an adult male standing near the street.

The man was bleeding from his head, said Wessell, and seemed distraught and angry. Wessell also noted that he was intoxicated.

Michael Hall, 38, was transported to Whitehorse General Hospital that evening and received stitches in his forehead.

Wessell took photographs of Hall when he arrived at the scene, which were entered into evidence. Wessell testified that he saw blood on the back stairs of the trailer, which belonged to Hall.

Komosky's next witness was Const. Dale Ristau, who attended Dupont's residence in the Kopper King Trailer Park the evening of Aug. 18.

Ristau said Dupont's trailer is about 100 or 150 metres away from Hall's. Ristau said he and another RCMP officer, Const. Ryan Smith, detained Dupont upon their arrival for involvement with the assault.

Ristau tesitifed he saw Hall in the back of an ambulance that had arrived on the scene and that Hall was "agitated" and "definitely intoxicated."

Ristau said there was blood on the doorway and laneway of Hall's residence.

Based on statements made by Hall and Hank Mountain, a witness to the incident, Ristau said he and Smith arrested Dupont and transported him to RCMP cells.

Mountain told the officers that Hall had been hit with a pipe.

Ristau said he found the pipe used in the alleged incident in Hall's room. He described it as a metal pipe that was approximately 12 to 14 inches in length and one to 1 1/2 inches in diameter.

When Hall testified, he said, "All I remember is waking up in the drunk tank."

He said the last thing he remembers before the alleged incident took place is drinking beer "by myself at home." He said he and Dupont know each other, but that he doesn't remember seeing Dupont on Aug. 18.

Hall was the only witness whom Dupont cross-examined. Dupont asked Hall who the pipe belonged to, and Hall said he didn't know.

Dupont said the pipe did not belong to him.

Mountain was Komosky's last witness. The 70-year-old said Hall is one of his tenants at the trailer park.

Mountain testified that at approximatel 8:15 p.m. Aug. 18, he saw Dupont walk into the backyard of Hall's residence with a hammer. He said he saw Dupont knock on Hall's door, to which there was no answer.

Within half an hour, Mountain testified, he saw a fight going on. He said that Dupont and Hall were "shouting at each other."

He said he saw Dupont hit Hall once with a pipe and raised his arm to hit him again when Mountain intervened and grabbed Dupont's arm.

"I told him to get out," said Mountain.

Mountain then called the RCMP.

The trial resumes on Thursday.

Be the first to comment

Add your comments or reply via Twitter @whitehorsestar

In order to encourage thoughtful and responsible discussion, website comments will not be visible until a moderator approves them. Please add comments judiciously and refrain from maligning any individual or institution. Read about our user comment and privacy policies.

Your name and email address are required before your comment is posted. Otherwise, your comment will not be posted.