Charges dropped, Crown cites lack of definitive evidence

By Peggy Revell on July 12, 2018.

prevell@medicinehatnews.com @MHNprevell

Charges have been withdrawn against a man accused of a break and enter and assault that left another man with serious long-term brain injuries.

“At this time the investigation will be closed unless further new information comes to light that can assist the police in identifying any other potential subjects of interest,” said Staff Sgt. Brian Christmann with the Medicine Hat Police Service. “The sad reality of this matter is that this file is likely concluded.”

Following the Oct. 28, 2017 home invasion and assault at a Southview Drive residence, police arrested and charged Darren George Brooks. Not-guilty pleas were entered, with a trial set for June this year.

On the June 8 trial day, Crown withdrew the charges of housebreak and aggravated assault.

“In the final assessment of evidence before trial, I was unable to prove the element of identification beyond a reasonable doubt, and therefore had no reasonable likelihood of conviction,” Provincial Crown Ryan Anstey told the News.

The victim of the attack sustained injuries so severe that in December, the Federal Crown issued a stay of proceedings for drug-related charges he faced.

The court heard at the time that medical assessments done of the man show he now has a neuro-cognitive disorder, and was so injured he couldn’t make legal decisions.

Guilty pleas were entered by Brooks for charges of unauthorized possession of a firearm and unsafe storage of a firearm — the firearm was found in the accused’s residence when police executed a search warrant. The sentence was a fine, with the time he spent in custody after his arrest counting toward the fine payment.

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