Jury remains out in angler attack trial

[Spiel]

Jury remains out in angler attack trial

 

 

December 14, 2009

Joe Fantauzzi / www.yorkregion.com

 

 

A jury deliberating the case of a Georgina man accused of repeatedly ramming a truck into a car before the car slammed into a tree did not reach a verdict Monday.

 

During his instructions earlier in the day, Justice Alfred Stong asked the eight-woman, four-man jury hearing the case at the Newmarket courthouse to let common sense be their guide when considering a verdict in the criminal negligence causing bodily harm and aggravated assault case of Trevor Middleton, 23, of Georgina.

 

During the proceedings, Mr. Middleton, who was wearing a blue collared shirt and black pants, was seated at the defence table and followed along with the judge’s instructions with his head down.

 

He has pleaded not guilty.

 

Calling them “guardians of the community”, Justice Stong told jurors it is human nature to feel sympathy, but urged them to consider the facts of the case objectively.

 

The trial has lasted about three weeks.

 

Court heard Mr. Middleton and a group of his friends in several pickup trucks drove to a known fishing hole near the blue bridge at Mossington Park in Georgina on Sept. 16, 2007 at about 2 a.m. When the group was at the docks, two 24-year-old anglers from Toronto — Charles Hogan and Ruohang Liu — were pushed into the water.

 

After the pushing, the group of about 10, with the exception of one of Mr. Middleton’s friends, ran back to the pickups and drove away.

 

Mr. Middleton's lawyer, Gerald Logan, told the court his client was unaware his friend had remained behind at the docks.

 

The court has heard the lone man associated with the group in the trucks was involved in a fight before he ended up back on the road injured.

 

Mr. Middleton returned to the bridge later that morning and was involved in a pursuit with several anglers in a white Honda Civic, court heard.

 

Crown prosecutor Amit Ghosh argued that during the pursuit, Mr. Middleton repeatedly rammed the Civic until its driver lost control and slammed into a tree, ejecting Mr. Hogan and Shayne Berwick from the back seats.

 

Mr. Hogan suffered whiplash along with neck and spine injuries, head injuries, a gash to his hand and hypothermia.

 

Mr. Berwick crashed into a tree, suffered a fractured skull that caused him to lapse into a coma for three months, along with several other injuries, court heard.

 

Mr. Logan told the court his client intended to stop the Civic to identify people he thought had killed his friend, the lone man who was found on the road near the Mossington bridge.

 

Mr. Middleton was never charged in connection with the pushing that took place on the docks.

 

Justice Stong told jurors it is up to them to determine if Mr. Middleton had a motive.

 

Several witnesses testified during the trial, but Justice Stong cautioned the jury to weigh the witness’ information carefully.

 

“Nothing is a fact just because a witness said it was so,” he said.

 

The jury’s deliberations are to resume in the morning.