By Sheldon Spackman

Conviction Appeal

Man convicted of aggravated assault in Red Deer stabbing claims judge erred in decision

Feb 25, 2020 | 11:11 AM

A Red Deer man appealing his aggravated assault conviction in a stabbing incident more than two years ago is claiming the judge erred in applying the legal test for self-defence.

Linden Joseph Buffalo, 30, was convicted of aggravated assault and mischief under $5,000 in Red Deer Court of Queen’s Bench on May 3 of last year, and later sentenced on Dec. 5, 2019 to time already served, along with a $500 fine, weapons prohibition and order to provide a DNA sample.

Buffalo was originally charged with attempted murder.

His conviction is in relation to an August, 2017 stabbing incident in which the father of Buffalo’s now ex-girlfriend was stabbed in the neck and hip before suffering a hand injury while trying to wrestle away a knife during an altercation.

During trial, court heard the incident took place at Buffalo’s residence in Oriole Park after a long night of drinking when he and his common-law wife began to argue over Buffalo’s alleged interactions with other women at a bar that night.

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The argument escalated to a point where Buffalo’s wife locked herself in a bathroom and contacted her father for help.

He arrived soon afterwards and punched Buffalo in the face while Buffalo lay in bed pretending to sleep.

Despite attempts by Buffalo’s father-in-law to identify himself during the ensuing altercation, Madam Justice Marilyn D. Slawinsky told court she felt Buffalo acted unreasonably after the first two knife blows to his father-in-law.

Slawinsky ruled Buffalo should have known his father-in-law was not an intruder as claimed in Buffalo’s defence.

According to the Court of Appeal of Alberta, Buffalo’s Notice of Appeal filed on Jan. 9, 2020, indicates he plans to represent himself during his hearing, and does not wish to be tried by judge and jury if a new trial is ordered.

It’s not known at this time when Buffalo’s appeal will be heard.