Jeremy Joseph Cummiskey says it wasn't him who severely beat Trevor Acorn
© THE GUARDIAN/Nigel Armstrong
Sgt. Shane Carr, forensic identification officer with Charlottetown Police Services, enters 177 Euston Street in Charlottetown after an assault occurred at that address. Trevor Acorn was taken to hospital in Halifax as a result of his injuries.
A man on trial for aggravated assault says he never laid a hand on a Charlottetown resident who ended up in hospital with life-threatening injuries.
Jeremy Joseph Cummiskey, 22, testified in provincial court Tuesday that he watched in disbelief as Michael Robert Bryenton severely beat Trevor Acorn.
Cummiskey says he and Bryenton went to Acorn's home in the morning on Nov. 24, 2015, looking to sell 'speed' to Acorn.
"There was a little argument and Robbie struck him four or six times'' appearing to knock Acorn unconscious, Cummiskey said at his trial before judge only.
"I was in shock. I was traumatized. I was more or less scared.''
Bryenton, who was found guilty last week of assault causing bodily harm for his part in the attack, offered quite a different version than Cummiskey's in the courtroom Tuesday.
Bryenton says he only got in a shoving match with Acorn. He testified he saw Cummiskey strike Acorn across the side of the head with a 2X6 board and heard him strike Acorn a second time.
Bryenton says he fled the rooming house on Euston Street in a panic after witnessing the attack.
Last week, provincial court Judge John Douglas said Acorn was a believable witness when Acorn testified before Douglas that Bryenton punched him in the face, resulting in the loss of his right eye.
Bryenton was found guilty of assault causing bodily harm but not guilty of aggravated assault. His sentencing is set for March 11.
On Tuesday, Acorn, who also required nine plates in his face and skull following the beating, took the stand to finger blame on Cummiskey as well as Bryenton.
Acorn says he was awakened the morning of Nov. 24, 2015, by a knock on the door.
He opened the door, letting in Bryenton, who he knew well from numerous drug dealings.
However, he testified that he had never met Cummiskey, who entered the room with Bryenton.
Acorn told the court his small room was laden with drugs, including 50 hits of speed, 10 methadone pills and 8.3 grams of cocaine.
Bryenton says after a squabble over drugs, he recalls getting punched by Bryenton.
Then he got hit by a 2X6 "by Robbie's friend,'' he told the court.
However, Acorn admitted to giving a selective and even conflicting statement to police about the incident.
"I was not telling them all the facts,'' he said.
"I chose not to say anything (to the police) about the drugs until it was brought up.''
The trial continues Wednesday with the Crown cross-examining Cummiskey.
Check back for more from the trial online Wednesday afternoon and in Thursday's print and e-editions