Judge takes time for decision in Michael Robert Bryenton assault trial

Ryan Ross
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Scales of justice

A man accused of throwing a punch that cost his alleged victim an eye will wait until later this month for the outcome of his trial.

Michael Robert Bryenton, 36, was back in provincial court in Charlottetown Tuesday for the second day of his aggravated assault trial.

In making his final submissions, defence lawyer Thane MacEachern asked Judge John Douglas to be careful when considering the victim’s testimony.

“His memory throughout the testimony is very vague,” MacEachern said.

That someone assaulted Trevor Acorn in a Euston Street boarding house on Nov. 24, 2015 isn’t in dispute.

Acorn spent several weeks in hospital and was transferred to Halifax for treatment of injuries that included skull fractures.

He lost an eye after the assault and has nine plates in his face and skull.

Acorn accused Bryenton of punching him in the eye and testified Jeremy Joseph Cummiskey hit him in the head with a 2x6.

Bryenton and Cummiskey went to Acorn’s room looking for drugs, but two versions of events were presented in court.

In one, Acorn said Bryenton threw the punch unprovoked.

In the other, Bryenton said he didn’t punch Acorn and Cummiskey attacked without any provocation.

MacEachern said considering the evidence as a whole, Bryenton’s version of events was more logical.

Crown attorney Lisa Goulden said Acorn was adamant Bryenton hit him in the eye and believed that blow cost him his eye.

Even if the court believed Acorn’s account was somehow questionable, it had to consider if Bryenton was a party to the assault, she said.

Goulden said Bryenton wasn’t a passive observer and he was a party to the assault that led to Acorn’s serious injuries.

“He started a sequence of events that led to that happening,” Goulden said.

After hearing the submissions, Douglas said he needed time to reflect on some of the issues raised and adjourned the case until Feb. 26.

Cummiskey is scheduled to be back in court Feb. 17 for a preliminary hearing.

rross@theguardian.pe.ca

twitter.com/ryanrross

 

Geographic location: Charlottetown, Euston Street, Halifax

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Recent comments

  • jill
    February 10, 2016 - 14:10

    If he was a woman, he would get time served because of the kids.

  • ajjakl
    February 10, 2016 - 10:02

    How about an "eye for an eye"

  • Kendall Buell
    February 10, 2016 - 07:49

    I didnt do it says Robbie....he did!!! I betcha all his cell mates at Sleepy Hollow still think he is a great, solid guy! Robbie has been pointing his fingers all his life! I betcha he gets a duece less or he hides in Dorchester!!!!

    • anon
      February 10, 2016 - 19:34

      Kendall are you aware YOU are on Charlottetown police's wanted page on their website at this very moment?

  • GET IT RIGHT
    February 10, 2016 - 04:52

    Send him to Nancy Orr's court....He'll be dealt with accordingly there.

  • Joe Doe
    February 09, 2016 - 23:44

    WELL THE DEFENDANTS HAVE THE RIGHT JUDGE.NEXT CASE.

  • the grinch
    February 09, 2016 - 20:07

    That's right, take your time deciding how you can evade the mandatory minimums to get this guy out into the community as soon as possible, right? This guy's been on the city police website constantly for the last several years. If there's one thing the public expects from this judge, it's a sentence so lax and out of touch, that people will start to consider a career in crime. Every pound of this judge's gavel should make chicken sounds.