Senior citizen was in state of great pain, officer says
A trial involving a woman who allegedly entered the residence of an 82-year-old man in Porter Creek last June, and pepper-sprayed him before robbing him, began in territorial court Wednesday.
A trial involving a woman who allegedly entered the residence of an 82-year-old man in Porter Creek last June, and pepper-sprayed him before robbing him, began in territorial court Wednesday.
Sasha Sidney, 32, is charged with two counts of assault, and one count each of break and enter, forcible entry and robbery.
Sidney was arrested on June 21, 2007. She has been in custody since last December.
Crown counsel Jennifer Grandy called three RCMP officers and the victim, who is now 83 years old, as witnesses yesterday.
Judge John Faulkner is presiding, with Elaine Cairns acting as defence counsel.
The alleged incident occurred in the early hours of June 4.
Const. Heather Kaytor, the Crown's first witness, testified she responded to a 911 call at approximately 3 a.m. Upon arrival at the residence, which is located on the Alaska Highway, Kaytor met the 82-year-old male resident at the front door.
Anton Andre was "in a lot of pain. He was in distress," said Kaytor.
She said the elderly man's skin was bright red, he was visibly injured, and his eyes were watering from the pepper spray.
"It was almost like blood in the tears," said Kaytor. "The whites of his eyes were blood-red."
She described the colour of his skin as "rash-like."
Kaytor said she detected the smell of the pepper spray because of its "very, very distinctive, pungent odour."
Emergency medical services personnel also responded to the scene and transported Andre to Whitehorse General Hospital, where he received treatment, court heard.
Kaytor said Andre told her there were two attackers, a male and a female, who had entered his home.
He described the female as tall, slim, of first nations descent, and in her late 20s with long, dark hair and a protruding upper lip.
He remembered that the male was tall and also of first nations descent.
Sgt. Tom Wyers, the Crown's second witness, described the process whereby Andre was presented with a photographic lineup on June 12, 2007, in an attempt to identify the woman who had entered his home and pepper-sprayed him.
Wyers testified he explained to Andre he was under no obligation to select any of the 12 photographs, and that he should not guess.
The court watched a videotape of Andre viewing the 12 photographs and selecting one of them.
In his testimony, Andre said he was 80 or 90 per cent sure the photograph he chose, which was of Sidney, was the same woman he saw on June 4.
"She resembled her very much," Andre said.
Andre described the incident last June 4 in detail in his testimony.
He said a woman he had never seen before came to his door at approximately 9 p.m. last June 3.
She asked for $40 to buy gas and cigarettes, he said.
Andre said he went to another room to get the $40, which he gave to her.
The woman left her camera at Andre's home and said she would pick it up when she returned to pay back the $40, said Andre.
The woman left in a vehicle that Andre decribed as "cream-coloured," court heard. In the passenger seat of the vehicle was the tall male. The woman got into the driver's side, Andre testified.
Several hours later, at around 3 a.m., Andre said he got up when he heard knocking at his door.
The same woman from before was there and asked where her camera was.
"‘Where's my 40 bucks?'" Andre remembered asking in response. The woman said, "I've got it," and reached into her pocket, Andre testified.
Andre opened the door and the woman sprayed him in the face with bear spray, court was told.
"Right after that, he came in. That other person," Andre said in his testimony.
"He was hanging onto me. He threw me on the floor. He kind of knelt on my back."
During the tussle, the female pepper sprayed Andre a second time, court heard.
Andre testified the female went to his bedroom and returned, saying she "couldn't find nothing."
Cairns noted in her cross-examination that Andre is hard of hearing and requires a hearing aid, which he was not wearing at the time of the alleged incident.
After the pair left, Andre noted his credentials, two long guns, and about $150 cash were missing.
The two firearms were later found in Andre's yard.
Andre said that following the alleged incident, he had a "quite bad bruise" on his shin, an "awful black eye," and a "banged-up hand." He telephoned the RCMP after trying to rinse his eyes so he could see.
The cash and credentials were later returned to Andre.
The trial continued this morning.
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