Charges dismissed in case involving downtown assault of Red Deer senior

As was seen during the trial, video surveillance from the back of the building — which is separated from the school grounds of Central Middle by the alley where this incident took place — shows Neuman was then assaulted by several people.

Six youths were originally charged; one pleaded guilty earlier this fall and was given a sentence of two years’ probation.

During the trial for the other five, Justice Skinner noted that his verdict would come down to the matter of identification.

An agreed statement of facts puts the youth who’ve been before the courts at or near the scene, but Skinner stated in the trial that it would be necessary to determine specifically who did what during the assault.

Though the surveillance clearly shows an assault, identification was a whole other story.

The Crown called four witnesses — an RCMP officer who responded the day of, but couldn’t testify due to an undisclosed procedural issue; a 16-year-old friend of the accused who was nearby when it occurred; the victim; and a passerby who called 911.

The teenagers accused were not made to testify.

The 16-year-old, who was flown in from her new home in Ontario, was objective and honest, Skinner acknowledged during his decision on Dec. 3. He also said she was neither evasive nor adversarial when cross-examined.

Her testimony was, therefore, credible, in Skinner’s eyes.

However, he added, the testimony was not reliable as she could not articulate or elaborate on her recognition of those she identified when shown the video.

During the trial, the teen was first asked to identify the five accused in the courtroom; she could only identify three, and charges against the two she could not were immediately withdrawn.

Shown the video, she identified the three remaining, as well as the two who’d been dismissed, plus others.

“This court could not be satisfied … beyond a reasonable doubt,” Skinner said Tuesday, of the identities of those in the video matching those who were accused, based solely off the teen’s testimony.

He went on to say that it would be, “unsafe to convict.”

As for Neuman, his wife Jaun spoke on their behalf to rdnewsNOW following the decision.

“I think the most horrific part of the whole situation is that these young people have no remorse, no accountability, and it appears no guilt whatsoever. It’s incomprehensible to me,” sad Jaun, who, along with her husband, were seeking both justice and closure.

“I would like to see these kids turn their lives around, but I’m not holding a lot of hope. I give kudos to the one kid who pleaded guilty at least.”

Neuman has severe short-term memory issues, and less severe but still significant long-term memory issues. He is unable to enjoy some of the simpler things, like word puzzles and games, like he did before the incident. His walking has also improved over time, but his injuries have required Jaun to retire.

During his testimony, Neuman couldn’t remember anything about the incident itself. After it occurred, he wound up in hospital with a severe concussion and multiple lacerations.

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by Josh Hall | @Vancan19

Charges dismissed in case involving downtown assault of Red Deer senior

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