A Prince George man has been acquitted of a home assault and stabbing, after a BC Provincial Court judge ruled that the testimony provided as evidence did not identify him as the perpetrator beyond a reasonable doubt.
Smitty Ralph Bent had been accused of aggravated assault from the April 24, 2022, incident.
It was alleged that Bent arrived at the victim’s residence, brandishing a shotgun in the man’s face. The victim testified that he toured Bent around the residence, both upstairs and downstairs, before Bent hit him in the head with the shotgun.
It was also alleged that a struggle ensued between the two, with the victim stating he never managed to take possession of the shotgun, but was ‘disembowelled’ by a knife produced by Bent, who then fled the scene.
McDermick noted the victim likely suffered shock during the encounter and was a heavy user of meth and heroin at the time, with both conditions probable to impact recollection of the assault, in addition to shifting testimony, and being schizophrenic, but the victim was unable to say if he was medicated at the time of the assault.
McDermick explained the case wasn’t about self-defence, but that it rested on upholding the standard of proof required by the courts.
When the victim went to identify his attacker with the assistance of police, he could only provide a generic description, stating his attacker was an “indigenous male, between 20 and 30, with short black hair", and the victim further claimed the attacker went by the alias ‘Ripper’.
A brimmed hat was found in the residence with the writing ‘Ripper’ on it, and a police officer who didn’t testify, told investigators that ‘Ripper’ was Bent, McDermick noted, but said the evidence of the hat was of limited value and “rumour or hearsay” following unconvincing police testimony in court linking the name to Bent.
The victim also used uncertain language when identifying his attacker, explained McDermick.
“This is somewhat concerning for this court. ‘I think that’s him’ and “I’m pretty sure that’s him”, isn’t necessarily the same as assuredly just saying, ‘that’s him’,” wrote McDermick, noting the event was a dynamic, high-risk situation and that memory distortion can occur during stressful or traumatic events.
Bent was arrested on April 30, 2022, when police were called to a report of an armed robbery near Ospika Boulevard and 15th Avenue.
At the time, Bent was wanted on a Canada-wide warrant for violating his parole conditions from a five-year sentence for shooting a man who confronted him and an accomplice caught sneaking onto a neighbour's property.
He remains in custody. Bent is also among three men facing a count of assault causing bodily harm from an alleged May 11, 2023, incident while in custody.
