Withdrawn — Assault (road rage) — Police Report

Client:   David A., Accused
Complainant:   a pedestrian
Charge:   Assault, Criminal Code, s. 266

Police Report:   On Thursday, the 7th of March 2002, at 12:45 p.m., the victim was walking in the area of Bathurst Street and St. Clair Avenue West en route to visit his doctor due to a bad back.

At this time, the victim was lawfully crossing Bathurst Street at St. Clair Avenue when he heard a motorist blaring its horn for a prolonged period of time. The victim looked over at the Accused as he was driving a Black SUV. The victim believed the suspect was the cause of the noise. The Accused rolled down his window and stated:   "What's your problem?" The victim accused him of honking his horn, at which point the Accused became irate and verbally abusive. The Accused stated it was not him honking his horn but the vehicle behind him. The victim told the suspect he had a big mouth as his tirade was laced with profanity. The Accused then mounted with anger, parked his vehicle, and gestured to the victim to fight, while yelling "come on, come on!" The Accused then crossed the street to attack the victim. The victim, terrified at this point, started yelling to others on the street:   "Hey, this guy is trying to get me!" The victim even stopped a T.T.C. streetcar for help.

The Accused, noticing the attention, began walking back to his vehicle. The victim then walked toward a nearby gas station believing the number of people there would keep him safe. As the victim approached the gas station, the Accused grabbed the victim from behind and shook him violently with both hands. The victim began screaming for help at which point the suspect punched the victim twice in the lumbar region of his back. The Accused then got back into his vehicle and fled the scene. Police attended the scene and spoke with the victim and a witness. The investigating Officer was able to identify the Accused.

On Thursday, the 14th of March 2002, the Accused attended 13 Division where he was placed under arrest and read his rights to counsel. A short time later, the Accused was released on an Appearance Notice.

Injuries:   None visible. Complaining of sore back.

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