R. v. Evans Date:, 2016 BCPC 158

Citation: R. v. Evans Date: 20160129 2016 BCPC 0158 File No: 29973-1 Registry: Terrace IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. RONDA CORRINE EVANS ORAL REASONS FOR JUDGMENT OF THE HONOURABLE JUDGE B.A. DYER Counsel for the Crown: W. Funnell Counsel for the Defendant: W. MacGregor Place of Hearing: Terrace , B.C. Date of Hearing: January 29, 2016 Date of Judgment: January 29, 2016

[ 1 ] THE COURT: The accused is charged with three Criminal Code offences, namely, assaulting one Marlene Moore on December 27th, 2011 at or near Greenville, B.C., and assaulting and causing bodily harm to both Lorenda McKay and Cheryl Edgar on the same day and at the same place, however in different residences, contrary to ss. 266 or 267(

b) respectively of the Criminal Code of Canada . [ 2 ] Greenville is a small First Nations community located in the Nass River Valley. It is one of four main Nisga’a villages and is located approximately 140 kilometres from Terrace, British Columbia, and has a population of about 700 people. [ 3 ] One witness, Francine Gurney testified that in the Village of Greenville where she grew up, "Everyone knows everyone." [ 4 ] The evidence is that most of the people involved in these three incidents at the heart of each charge grew up in Greenville.

Most of the persons involved, as well, resided in Greenville and were Nisga’a and either knew one another or were related to one another as I shall explain. [ 5 ] The alleged assaults occurred at two house parties in Greenville on December 26th and 27th, 2011 following a local celebration there referred to as a “homecoming”. The accused attended both parties. [ 6 ] The first house party was held at one Mel Stephens' place.

It was attended by a number of people including Marlene Moore and Lorenda McKay who say during the course of the evening the accused assaulted both of them. [ 7 ] The second house party was held at Lisa Haldane's home, said to be about a ten-minute walk from Mel Stephens' place. It was here that Ms. Evans is alleged to have assaulted Cheryl Edgar. [ 8 ] Most persons who attended these parties, but not all, were consuming alcohol or had done so earlier in the evening. [ 9 ] All three alleged victims testified.

Evidence was either admitted or led by Crown in this case as to the bodily injuries said to have been suffered by Lorenda McKay and Cheryl Edgar and caused by the accused. Certain admissions were made on point by the accused on October 15th, 2014 with respect to the more serious injuries suffered by two of the alleged victims, namely, Ms. Edgar and Ms.

McKay. [ 10 ] Following the incidents, the RCMP attended and certain photographs were later taken showing the injuries of the three complainants. [ 11 ] As to Marlene Moore, and Exhibit 5, four photos numbered 10 to 13 therein show scratches and bruising on her face, a significant bruise on her right shoulder, and a bruise on her left forearm. As to her aunt, Lorenda McKay, photos 1 to 7, in Exhibit 4, show a badly swollen bruised and closed left eye, scratches on her left cheekbone and above her lip.

Certain photos were taken of her mouth but they do not clearly disclose an injury. [ 12 ] Injuries sustained by Cheryl Edgar are shown in photos 1 to 15 of Exhibit 4. They disclose two bruised and black eyes, a significant bruise on her chin, scratches all over her face, bruises on her elbow, right hand, and a serious deep laceration on her left thumb (see photos numbered 6 and 7) and small bruises on her upper breasts. [ 13 ] Certain photos were taken as well of Ronda Evans, namely, Exhibit 4, photos numbered 16 and 17, and Exhibit 5, numbered 8 and 9.

The two photos in Exhibit 4 show some redness and small scratches primarily on the right side of her face and a few marks, possibly scratches or bruises or both in the left side of her mouth and nose. Those in Exhibit 5 are very similar to those in Exhibit 4 as to what they show. [ 14 ] These photos were taken by either Constable Gilroy at the Greenville Health Clinic at approximately 7:30 a.m., on December 27th, 2011 or at Ronda Evans' residence in Greenville at about 8:30 a.m., on December 27th or later by Constable House at the Mills Memorial Hospital at approximately 1:00 o'clock p.m., on December 27th.

All four photos showing injuries suffered by the accused were taken by Constable Gilroy at Ms. Evans' residence at 8:30 a.m., in Greenville on the morning of the last of the altercations. [ 15 ] On review of all these photos, clearly, Ms. Marlene Moore and Ms. Edgar seem to have suffered the more serious injuries of the four women in question. [ 16 ] At the trial, some 11 witnesses were called by Crown including one RCMP officer, and Ms. Evans testified in her own defence, as well. In total, 12 witnesses testified.

As I have said, the majority of the witnesses are related, however not all. [ 17 ] Dealing with the three complaints in the order their names appear on the Information, Marlene Moore is the niece of Lorenda McKay, who is her aunt. Cheryl Edgar is the cousin of Lisa Haldane. Of the various witnesses called, not all were present at each party, the first at Mr. Stephens', the second at Lisa Haldane's home.

Some attended both events. [ 18 ] Cheryl Edgar and her spouse, Donald Stephens, who died prior to the trial and thus did not testify was the only witness who attended only Lisa Haldane's house party. [ 19 ] Lisa Haldane, Sam Doolin, Ronda Evans, Greg Buck and Dawna Bob attended both parties.

Francine Gurney, Lorenda McKay, Marina Mercer, Albert Moore, Marlene Moore and Cheryl Stephens attended only the Stephens’ house party. [ 20 ] Some of the witnesses called are related to the accused Ronda Evans, namely, Dawna Bob, her sister Lisa Haldane, a distant cousin, and Marina Mercer, as well a cousin. [ 21 ] Certain matters are not in issue in this trial. The identity of the accused is admitted.

[22] I have above referred to the admissions made by defence relating to the injuries suffered by Ms. Edgar and Ms. McKay. [23] I intend, in these reasons, to deal with each event in turn commencing with a

summary of the Crown and defence evidence thatis relevant and material as to what occurred at each house party with respect to each alleged assault and victim. I do not intend tosummarize in detail the evidence of all witnesses who testified. I will then set out the relevant legal principles including those relating tocredibility, then I will make findings of fact including as to the credibility of the important witnesses in this case, and finally willconclude with the analysis mandated in the well-known case of R. v.

W.(D.) (1991), (SCC), 63 C.C.C. (3d) 397, ajudgment of the Supreme Court of Canada. [24] Prior to the start of Mel Stephens' house party and on Boxing Day evening, many residents in Greenville attended a welcomehome dinner for people who belonged to the community but did not reside there. This was a dry event and it was said to have been well-attended. [25] Lorenda McKay, who, in December 2011, was aged 52 lived in Terrace, but was a member of the Greenville Band was invitedhome by her family and to attend what she described as a feast by her niece, Marlene Moore. Marlene Moore's spouse was then oneAlbert Moore.

Albert Moore's sister was Cheryl Stephens, whose spouse was Mel Stephens. [26] Ms. McKay testified that on December 2011 she stood five foot, seven inches tall and weighed approximately 180 pounds. Marlene Moore's daughter had run for the Snow Queen and won this title at the feast whereat apparently the men served the women. After the feast concluded, she and her sister Karen McKay did three sets of dishes at her sister's home and when done, both womenwalked over to the house party at Mr. Stephens', arriving after midnight. She said she had two glasses of wine while doing the dishesbeforehand.

This was all she had to drink before going to Mr. Stephens'. [27] She recalled that a number of people were present at Mr. Stephens' including her niece, Marlene; her husband, Albert; and theaccused and her sister, Dawna Bob. She had known the accused all her life. She knew the accused's family. They had grown up in thesame village together. They were merely acquaintances and not in the same circle of friends. There was, on December 27th, 2011, nohistory of the two women not getting along. There was absolutely no animosity between the two on December 27th.

Lorenda couldthink of no reason why the accused might attack her on the evening in question. [28] I turn to the evidence of Marlene Moore. Evidence of Marlene Moore [29] In December 2011, she was 40 years of age and stood five foot, two inches tall and weighed 140 pounds. She attendedMr. Stephens' party at about midnight with her husband, Albert. She said she had consumed one glass of wine, one and a-half hoursbefore attending the party. [30] On arrival, her aunt, Lorenda, with whom she said she was close, was already present. The accused and her sister, Dawna Bob,were also present on her arrival.

She had a beer and sat at a table near the kitchen. The accused was close by on a bench seat. Herbrother, Peter Haldane, was also on the bench seat across from the table. He was then Dawna Bob's spouse. She had a good chat withPeter and Dawna and then recalled overhearing them starting arguing. She encouraged them to stop and then recalled her sister, BarbHaldane, left the party alone. She could not recall anyone else leaving. [31] She recalled standing and talking with Dawna Bob and then being tackled and taken to the floor by Ronda Evans who ended upstraddled over and on top of her.

She tried to get the accused off her but could not as the accused "bound her hands down." They wereheld down tight by some part of the accused's body. She could not pull them out. The accused punched her pretty hard in the face whenshe was down. She said she did not defend herself and could not recall saying anything at the time. She saw the accused's hand in herface three times. She had never been in a fight before. [32] It ended when her aunt, Lorenda McKay, came down and tried to pull the accused off her. Prior to this, apparently, no one elseintervened.

She could not see how her aunt was trying to pull the accused off her but could hear Lorenda telling the accused to "Get offher. That was enough." She recalled sitting up and seeing her aunt on the floor and her aunt's face was purple. [33] Everything after this observation was a blur. She could not recall what she did after the accused got off her; it happened so fast. She did not seek medical attention until the next day for the swelling in her face and had two stitches to close a cut on the top right sideof her head.

She estimated it took two weeks to recover from her injuries sustained in the fight. [34] Marlene knew the accused who used to live in Greenville, prior to December 27th, and said she used to be best friends withDawna Bob. On December 27th, she felt there was no conflict between herself and Dawna Bob. [35] On cross-examination, Marlene Moore twice agreed that she was facing Dawna Bob before the fight started. She then testifiedthat she did not see the person who tackled her, who came from her blindside, knocking her to the floor. The next thing she recalled wasthe accused on top of her.

She agreed the accused was not standing beside Dawna Bob before she was tackled. She testified that she andDawna Bob "were in each other's face" in the early conversation, but denied she then called Dawna a hoe or used any insulting languagewith her or the accused. She denied that while Peter and Dawna had been arguing that she had said to her brother Peter, "Hit her againPeter." [36] She did not see either Peter or Dawna leave the party before the fight with the accused started. She did not see who was therewhen the fight started. Someone had told her Peter had left the party.

In answer to a question from the Court, she agreed that she couldnot say whether Peter and Dawna left the party before the fight started with Ronda Evans. [37] She agreed it would not be accurate to describe the start of her fight with the accused as it starting with her hitting the accusedand then she and the accused grabbing each other's hair.

[ 38 ] In answer to a further question from the Court, she said she did not know whether at the start of or during the melee with the accused she was knocked out or rendered unconscious. [ 39 ] I turn now to the evidence-in-chief of Lorenda McKay. Evidence of Lorenda McKay [ 40 ] On arrival at Mel Stephens' she sat at the table near the kitchen with the accused and her boyfriend across from her and Dawna Bob close by at the same table. Peter Haldane, her nephew, was standing behind Dawna Bob. The two were then a couple.

She recalled everyone was then having fun, it was Christmastime, her niece had just won the Snow Queen title; it was a celebration. She went up to the upstairs bathroom having left an environment where everyone was laughing and having fun. [ 41 ] She returned and sat down in the kitchen area. Then, all of a sudden, two struggling people went flying in front of her. Someone was being attacked and she got scared and stood up. At first she did not know who it was and then looked and saw it was her niece Marlene who was being attacked by the accused.

The accused was on top of Marlene when the two women landed on the living room floor. She observed them fighting and yelled "Oh my God," or "No" or "Stop." She observed the accused punching Marlene who was defending herself as best she could by trying to block the blows. Lorenda described the accused's blows as "incredible, powerful blows." [ 42 ] She described the accused as a very strong woman and recalled that earlier in the evening at the party, Ms.

Evans who was seated across a table from Lorenda, was showing her muscles flexing her biceps, said she had been working out and commenting on how much work she had been doing. I understood this evidence to relate to bodybuilding work as against gainful employment in the marketplace. This evidence was not challenged in cross-examination by defence counsel. [ 43 ] The next thing Lorenda could recall was Ronda Evans being on top of her. She was then on her back on the floor with Ms. Evans on top of her. She could not move. She said the accused overpowered her.

She recalled the accused punching her in the lips, beating on her, and chipping two of her teeth. [ 44 ] Later in her direct evidence, she explained that on December 27th she wore a false upper denture which plate was cracked. The whole thing had broken in half. She could not recall how many times she got hit, but said it was numerous times and felt that perhaps she had been knocked out at this point. She then recalled feeling the accused's finger in her left eye. The accused was trying to scratch her.

She was then not able to do a lot as the accused was on top of her, but she did try to defend herself as best she could. To avoid having her eye gouged out she turned her head to one side and the accused's finger came out of her eye and scratched down her cheek to her mouth. [ 45 ] During the melee, she recalled hearing the accused's sister, Dawna Bob, cheering Ronda on saying, “hit her” and “hit her again”, words to that effect. She did not believe anyone intervened to attempt to stop what occurred. Mel had left earlier as she was going up to the bathroom. [ 46 ] Lorenda next recalled waking up.

She believes she had gone unconscious during the fight and then going upstairs feeling terrified and traumatized. She locked herself in the bathroom, fearing she might be attacked again by Ronda Evans or her sister, Dawna Bob. [ 47 ] Lorenda testified that on December 27th, she had an injured upper back, left shoulder and neck due to a fall, was off work on WCB and taking physiotherapy. This condition affected her ability to defend herself against the accused as she could not raise her left hand above her head.

She also said she was not a fighter or violent person and had never been in a fight before. [ 48 ] Mel Stephens drove her to her sister's, Karen McKay's later in the evening who took her to the Greenville Clinic between 4:00 and 6:00 o'clock a.m. Ronda Evans, her boyfriend, Dawna Bob, and Peter Haldane later arrived at the clinic while she was there. Lorenda overheard them laughing in the next room. The nurse on duty told her she had called the RCMP. She then heard the accused and the others leave about 20 minutes after they had arrived.

She recalled the RCMP did not speak to her at the Greenville Clinic or take photos of her. [ 49 ] When shown the various photos taken of her in Exhibit 5, she believed that all were taken at the Mills Memorial Hospital in Terrace. Two in fact were taken by Gilroy at 7:30 a.m., at the Greenville Clinic, namely, numbers 6 and 7. [ 50 ] Later this morning she heard Cheryl Edgar arrive at the clinic. She overheard her screaming and crying as if she was in a lot of pain.

Approximately 10 to 15 minutes later she heard the voices of the accused, her boyfriend, her sister, and Peter Haldane arrived at the clinic a second time stating according to what the nurse on duty told her that they needed medical attention because Cheryl had attacked them. At no time did she actually see them at the clinic.

On their first and second attendances at the clinic, the four were placed by the nurse on duty in an adjoining room right next to where she was situate. [ 51 ] She was then later taken with Cheryl Edgar by the same ambulance to Mills Memorial Hospital in Terrace arriving by noon on December 27th. She believed after three to four hours at the hospital she was then taken home by a family member before noon. She was given painkiller medication to deal with the constant pain she experienced after the fight in her eye and at her request was referred to see an ophthalmologist, Dr.

Nagy, about a month thereafter who directed that she have an immediate cat scan the next day. On review of the result, Dr. Nagy directed that Ms. McKay attend at the Eye Clinic in Vancouver where a Dr. Dolman performed surgery.

She testified that her left eye socket in essence could not be repaired and she therefore required an implant of some sort to mend the damage. [ 52 ] She testified that as a result of the trauma she had suffered in the fight she had been diagnosed with a serious or severe concussion and PTSD. [ 53 ] At various times in her direct evidence, Lorenda McKay admitted that she did not recall all the events relating to the fight and said that her memory has never been the same since it happened.

[ 54 ] Ms. McKay also testified as to having further physiotherapy after the fight because the trauma caused by the accused's blows had worsened her back and shoulder injury. She continued to have difficulty sleeping and suffered regular nightmares about the attack. She has also engaged in regular counselling to deal with the sequelae of the attack. She said she had been unable to work from December 27th, 2011 to October 29th, 2014 due to her injuries.

On December 27th, she held a full-time job as a teaching assistant working for the Terrace School District No. 82. [ 55 ] On cross-examination, she said when she gave a statement to Constable House at the hospital she could not agree her memory was quite clear. She said her memory had been affected strongly by the trauma in the fight but that she believed it was better now than then. It had improved but not a whole lot through counselling.

She testified that when she gave her statement at 12:11 p.m., she was "discombobulated" (which means confused or upset) and seemed to suggest that the parts of the statement where she said the fight had occurred near the bottom of the stairs leading down from the upstairs washroom in the Stephens’ home were inaccurate. She did not notice before going up to the bathroom that there was an argument between Peter Haldane and Dawna Bob. She estimated she was then away from the downstairs party for some five to ten minutes.

She did not see a verbal confrontation between Dawna Bob or Ronda Evans and Marlene Moore including on her return from the bathroom. [ 56 ] She could not recall how she got involved in the fight with Ronda Evans or how it started including her attempting to break up a fight between Marlene and Ronda by pulling Ronda's hair. She believes she was knocked out and came to with Ronda Evans on top of her, trying to gouge out her eye. Francine Gurney [ 57 ] Francine Gurney attended the Stephens' house party. She was then aged 48. She is a cousin of Lorenda McKay and Marlene Moore is her niece.

She recalled consuming a couple of coolers in the couple of hours prior to attending the party between 11:30 and midnight on December 27th. On arrival, she sat on the couch. Everyone seemed to be enjoying themselves. [ 58 ] She observed Lorenda McKay coming towards where she was sitting saying, "Stop it, leave her alone." She did not know who she was speaking to. There was a commotion going on beside her. The next thing she recalled was Ronda Evans punching Lorenda in the face who was on the floor lying on her back. She did not see or hear how this scuffle started.

It all happened so quickly or really fast according to this witness. She did not see Lorenda go down. When she turned to look, Ronda was punching her with a closed fist, hitting her really hard and fast. She recalled four or five such blows. [ 59 ] Somehow her hand got in the way of one of Ronda's blows and the force was such that Francine's wrap around ring unfolded or opened up, bruising her finger. She was very close to the two women. She ran up to Lorenda. She was worried about her, it seemed like Lorenda could not do anything to defend herself.

Then Ronda stopped punching and Francine heard Lorenda state, she wanted to go upstairs. Her eye was bleeding. Francine then left. [ 60 ] On cross-examination, she agreed she had not seen what occurred between Lorenda walking or hurrying towards her saying, "Stop it, leave her alone," and thence being on her back with Ronda standing on top of her being punched by Ronda Evans. She seemed to recall from what her date, Ken McNeill had told her that there were some words between Marlene Moore and Dawna Bob in the living room before Ronda Evans became involved.

This exchange was seconds before the fight between Lorenda and Ronda occurred. [ 61 ] Lorenda was initially in the dining room. She was at the time these words were being exchanged in a conversation with someone else. She could not recall where Marlene was. Someone was trying to stop the fight between Ronda and Lorenda. She did not know who pulled Lorenda and Ronda apart. She ended up holding Lorenda in her arms. There was then blood coming out of her eyes. Marina Mercer [ 62 ] Marina Mercer, age 58 on December 27th, 2011, testified at the trial before me.

She attended the Stephens’ party that night with her husband Cecil Mercer. She had consumed one beer before going. She described the main floor of his home to be not very big. Ronda Evans and Dawna Bob are her cousins. Marlene Moore is married to her cousin, Albert Moore. [ 63 ] On arrival, she sat at a table with Marlene Moore, Ronda and Dawna, and Peter Haldane was standing beside her, talking to Dawna. She was not sure if they were arguing. Then as people got up to leave, Marlene Moore was having words with either Ronda or Dawna saying something about Peter to defend him.

Peter Haldane is Marlene Moore's brother. Marina said, "Stop it, you're supposed to be here for a party," and then Ronda and Marlene went at it. [ 64 ] Ronda went at Marlene and threw her down in the kitchen area near the table and started punching her in the face. Ronda was straddled over top of Marlene who was on her back on the floor. Everyone was standing up trying to make them stop and telling them to stop, including Marlene's husband Albert. Ronda's punches were pretty hard or harsh. Marlene could not fight back.

Marina could not recall how it stopped. [ 65 ] Lorenda tried to come in and help stop the fight saying, "Stop it" and tried to get Ronda off Marlene by putting her hands through Ronda's hair, pulling Ronda's hair. Lorenda was facing Ronda at this time. When Ronda got off Marlene, she went at Lorenda. They started fighting and Ronda was punching up Lorenda in the living room area. Lorenda was on the floor on her back when Ronda was punching her with pretty hard punches. [ 66 ] I understood this witness to state as well that at the time Ronda was straddling Lorenda as she had done with Marlene.

She observed Lorenda trying to protect herself with her hand up for a time in Ronda's hair before she let it go. It did not stay there long. At this point, Marina was telling everyone to leave as the party was getting out of hand. The host and her brother had earlier left the home. She did not know where Lorenda went and she and Cecil went home. [ 67 ] On cross-examination, she did not agree that before the above fights broke out that all of Peter and Lisa Haldane, Dawna Bob, her boyfriend, Greg Buck, and one Sam Doolin, had left the Stephens' home. She only recalled Sam Doolin not being there.

[ 68 ] When her police statement was put to her, she then seemed to agree that Peter Haldane had in fact left. She further agreed that Marlene and Dawna were being nasty to one another after Marlene's brother, Peter Haldane, had left. [ 69 ] She seemed to suggest that Ronda was beside her sister Dawna with Marlene facing the two sisters while nasty words were being spoken at the entrance to the living room. She recalled the nasty words were initially between Marlene and Dawna, essentially sisters-in-law, and then Ronda became involved and then they started fighting.

At this time, Marina recalled Marlene and Ronda were screaming at one another. Marlene's words were not friendly but she could not recall if they were provocative but did not think they were hostile or threatening. Marina thought she was trying to defend her brother. [ 70 ] She recalled when the fight between Ronda and Marlene started, Ronda pushed Marlene and Marlene fell down. She threw her down on the floor and then straddled Marlene on her knees. Lorenda then grabbed Ronda's hair but let go. Ronda got up and knocked Lorenda down and pushed her several times.

She did not agree that the fight between Marlene and Ronda started with Marlene grabbing Ronda's hair and Ronda doing likewise with Marlene's hair and then Lorenda coming along and grabbing Ronda's hair.

She was positive Marlene had not grabbed Ronda by the hair. [ 71 ] Marina seemed to agree that when Ronda was on top of Marlene, she told Albert Moore, her husband, who was going to break it up not to get involved as Greg Buck, Ronda's boyfriend, had admonished no one else should get involved as it was "one on one." Marina agreed she had said to everyone present during the Marlene/Ronda fight, including Lorenda, not to get involved as they would get beat up too, meaning by Ronda because she was tough. She spoke these words just as Lorenda got a hold of Ronda's hair.

Albert Moore [ 72 ] Albert Moore, age 40, attended his cousin, Mel Stephens’ party with his spouse, Marlene Moore, at approximately 11:00 p.m. on December 26th. He had not consumed alcohol before his arrival. [ 73 ] The accused arrived not too long afterwards with her sister, Dawna Bob, boyfriend, and Peter Haldane. He and his wife sat at the dining room table on arrival. He described Mr. Stephens' home as did all witnesses as a small two-level apartment with really one room on the main floor with the living room, dining room and kitchen all joined together. There are no walls between these rooms.

It is a wide open space. [ 74 ] He recalled at some point there was a small confrontation or a little tussle between Marlene Moore and Dawna Bob just in front of the table but said that got "split up." It concerned Dawna's relationship with Marlene's brother, Peter. It was like they were going to fight, but people intervened and he could not recall who did in order to stop this occurring. [ 75 ] He recalled that Dawna and Peter were then asked to leave and eventually walked towards the door.

When they were on the way out, Marlene got blindsided or tackled from the side by Ronda on the upper part of her right side. Albert was at the table, some six feet away. Ronda got her to the ground and was on top of her and then punched her about a half a dozen times, then head-butted her about three times in the face. Marlene did nothing while this was ongoing. At some point Ronda held Marlene down by placing one hand on either side of Marlene's collar. [ 76 ] Albert tried to stop them by telling Ronda, "That's enough" or "Stop it" words to this effect.

He made no other effort to stop the two women. [ 77 ] Then Lorenda came in and while standing, tried to pull Ronda off. She did so successfully. Then Ronda started beating up on Lorenda. Lorenda and Ronda were on the floor. Eventually, Albert helped Marlene up. He testified that he did not really see the interaction between Lorenda and Ronda. He recalled later on his wife Marlene was by appearance beaten up pretty bad and black eyed. [ 78 ] In cross-examination, he testified that he did not see Peter and Dawna arguing before Marlene and Dawna had their confrontation. It was loud in the room, music was playing.

He recalled Peter and Dawna did leave the party. He believed Lisa Haldane and Sam Doolin went with them at the same time, but Ronda's boyfriend Greg and Cecil Mercer did not go with them. He did not recall as these people were leaving seeing Ronda with one foot bare and in the process of putting on a sock. [ 79 ] When the fight between Ronda and Marlene broke out, they were all in the hallway or on their way out. [ 80 ] He said Marlene was not facing Dawna at the time Ronda attacked her. He recalled Marlene was looking towards the door when Dawna and the others were leaving when Ronda blindsided her.

He saw or heard nothing, no provocation that led up to the tackle. [ 81 ] When shown his police statement, he agreed that when he tried to break up the fight between Ronda and his wife and stop Ronda from continuing to beat her up, Ronda's boyfriend Greg threatened him telling him not to touch I understood Ronda so he could not do anything and just stepped back. Greg said that if he touched Ronda again, he would “beat the shit out of Albert”.

He did not hear Marlene say, "Hit her again, Peter," nor did he hear Marlene call Ronda or Dawna a "hoe." He could positively say these things did not happen. [ 82 ] In answer to a question from the Court, this witness said that after Marlene and Ronda were separated, someone and he could not recall who, took Marlene out and he elected to remain at the party on his own for a further one-half hour. Cheryl Stephens [ 83 ] Cheryl Stephens, age 43 on December 27th, 2011 testified at trial. She is Marlene Moore's sister-in-law. She had gone on her own to her cousin, Mel's house party arriving after midnight.

She had not consumed any alcohol beforehand. At the party, she had two or three drinks, probably coolers. The party was pretty boisterous with music and people unwinding after a busy few days. She recalled being in the living room talking to Francine Gurney and hearing a loud thud. [ 84 ] The dining room table had been moved out of the way and she saw Ronda flying or moving across the room very fast towards

Marlene. They got into a fight and Ronda ended up on top of Marlene hitting her, punching her, she could not say how many times. She could see Ronda's arm moving, punching Marlene. She could not say if Marlene was hitting Ronda back. Ronda's very long hair in essence hanging down to some extent curtained what the two women were doing to one another. She made these observations from about 20 feet away. She was shocked by what she saw.

She could not say how Marlene ended up on the floor. [ 85 ] She recalled later seeing Albert Moore trying unsuccessfully to get Ronda off Marlene by pushing her shoulder and at another point in time, Lorenda trying to do so by grabbing Ronda by the shoulders. The next thing she recalled was Ronda and Lorenda moving across the room and Ronda hitting Lorenda. This occurred right in front of Cheryl. Again, Ronda was on top of Lorenda who was on the floor and Ronda was punching Lorenda pretty hard. She could not say how many times. Lorenda was just curled up trying to protect herself by covering up.

It looked like Lorenda was not doing anything. She was trying to stay out of the way because she was very close to the ongoing altercation. She did tell Ronda to stop, that was enough and observed Ronda throw her hands up and say, "Okay." Lorenda at the time was trying to hold Ronda away from her by holding her hair. Lorenda then let go of Ronda, jumped up, and went upstairs. [ 86 ] In cross-examination Ms. Stephens said Marlene and Ronda were already on the floor when she first saw them. Ronda was on top.

She could not recall how it was they got there. [ 87 ] In the second altercation involving Ronda and Lorenda, she testified that Lorenda had Ronda by the hair trying to defend herself when she said, "Let go" to Lorenda. Lorenda released Ronda's hair and the two women separated. She said she did not know what caused the two fights that Ronda was involved in. She agreed she had not seen the fight between Ronda and Marlene start but did recall seeing the two women in a tussle move across the room towards her having hold of one another. She could not recall whether or not Marlene then had a hold of Ronda's hair.

Constable Gilroy [ 88 ] Constable Gilroy testified. He is a member of the Royal Canadian Mounted Police. He arrived at the Greenville Clinic at about 5:30 to 6:00 o'clock a.m., and saw both Cheryl Edgar and Lorenda McKay there as well as Dawna Bob. He was not sure he saw the accused at the clinic. [ 89 ] Ms. Edgar was in a bed. Her face was heavily bruised. Her eyes were swollen and her left thumb was heavily bandaged. She had bruises all over her body. He did not testify she appeared intoxicated. [ 90 ] He met with Lorenda McKay in the next room. She had obviously been in an altercation.

Her left eye was completely closed, was black and bruised, and she had blood on her cheek. She was quite emotional and distraught over the whole thing. He could smell liquor on her breath and therefore thought she had been drinking. He thought due to her emotional state she might have been intoxicated but also testified this state could have been as a result of her injuries. [ 91 ] He then went to Dawna Bob's house and spoke to her, and the accused, who was there. Both were very calm and cooperative and wanted to tell their side of the story. He saw no injuries on Dawna Bob.

The accused was very calm and easy to deal with. He could see very slight scratches all over her face but no bruising. He took two photos of the accused's face at 8:30 a.m., on December 27th, 2011 at Dawna Bob's home (see Exhibit 4, numbers 16 and 17). I note neither shows any serious scratch or laceration. In photo 17 the accused's mouth is slightly open and no tearing of the inside thereof is evident.

There is no photo of any bite marks anywhere on her body nor of any wound in her head caused by a fingernail being embedded therein during any of the three earlier altercations. [ 92 ] Constable Gilroy also took photos numbered 8 and 9 of Exhibit 5 of the accused the same morning. My assessment of these photographs is exactly the same as above. [ 93 ] In cross-examination, Constable Gilroy was not asked about the involvement of a Sergeant Tait in his investigation. Gilroy said in his direct evidence that he was the lead investigator. He was asked if the accused had told him she had bite marks on her body.

He agreed that she had showed him where they were, he could not recall where, and that he had looked but saw none. There was no suggestion made in this witness's cross-examination that he was other than the lead investigator on this case with respect to the accused or, for example, to confirm that the accused mostly dealt on December 27th with a Sergeant Tait.

Nor was he asked if he had received a radio call requiring him and any fellow officer to leave Dawna Bob's home prematurely before their investigation had been completed, for example, before the accused had been given an opportunity to show them all her bite marks and/or bruises and then an opportunity to photograph same. Nor was he asked if the accused had made a point of showing any RCMP officer visible cuts and tears in her lips. [ 94 ] I do not consider any of these points to be mere details or trifling matters, having regard to the accused's evidence which I shall come to.

The completeness of the RCMP investigation in the 24 hours following these three altercations is on the contrary in my view a central issue in this case in light of Ms. Evans' testimony. Sam Doolin [ 95 ] Sam Doolin testified. He once lived with Lisa Haldane but was not on the date he testified at the trial. On December 27th, 2011 he was Lisa's spouse living with her in Greenville and they had a daughter together, one J. [ 96 ] He gave no evidence relating to the two alleged assaults of Marlene Moore and Lorenda McKay notwithstanding his being at the Mel Stephens’ party.

He was drinking on the night in question and said he had consumed two beers before arriving, two to three beers at Mr. Stephens' and estimated later at Lisa Haldane's that he had had three to four more beers in the 20 minutes following his arrival and before Cheryl Edgar showed up. He said he was not then fairly drunk. [ 97 ] He recalled Ronda Evans came out of the Stephens' home and felt she looked fine. He, Lisa, Ronda, Greg, Peter and Dawna then all went to Lisa's home where he was then living.

He saw Cheryl Edgar and her spouse, Lyle, arrive at the top of the stairs and testified variously that he was in the living room, kitchen, thence dining room at the time this occurred.

[ 98 ] Then there was something going on in the kitchen involving Lisa's son Cody and Peter Haldane. Peter wanted Cody to drink some alcohol. Cody did not wish to and Sam was I believe in the kitchen supporting Cody's point of view. [ 99 ] A fight broke out between Ronda and Cheryl. He did not see it start. He was then fighting with Peter Haldane in the kitchen. He saw bits and pieces of the two women fighting. He saw Cheryl on her back on the living room floor with Ronda on top of her facing her and punching Cheryl a few times, he recalled once in the body and once in the face.

He could not comment on the strength of Ronda's punches. [ 100 ] When his fight with Peter ended because Cheryl was getting beat up by Ronda he ran over to try to break it up to stop them. He observed Cheryl fighting back while she was on the floor and throwing a few punches at Ronda and as well grabbing Ronda's hair. Greg Buck [ 101 ] Greg Buck also testified that he tried to break up the fight as well. He recalled grabbing Ronda and pushing her off Cheryl and grabbing Cheryl and trying to pick her up but could not do so.

In this process, Peter Haldane intervened and Sam became engaged in a second fight with Peter and threw him down the stairs. He said this fight with Peter was pretty bad as was the one between Ronda and Cheryl. Peter was thrown down the stairs near the end of Ronda and Cheryl's altercation. After the second fight with Peter, he had an argument with Lisa and people told him to leave and he did so taking Cody with him and went to his uncle's. Lisa Haldane [ 102 ] Lisa Haldane testified. At the time, she was Sam Doolin's spouse.

She also was Cheryl Edgar's and Peter Haldane's first cousin and said the accused and Dawna Bob were distant cousins. She attended the Stephens’ party with Sam after 9:00 p.m., and was there for two to three hours. Her cousin Peter, who was present, got more drunk as the evening progressed and was eventually asked to leave. He was belligerent and swearing. At some point beforehand he switched from beer to vodka and got a bit aggressive with Dawna whispering to her and making her cry. Dawna had earlier advised her that she and Peter were having some domestic problems. Peter left. She and Sam followed him out.

She could not recall if Greg came out but said Peter pushed or pulled Dawna to come with him. Dawna was crying at the time. She saw no physical altercation at the Stephens' home before leaving. [ 103 ] Before she left this home, Ronda came out. She appeared quite shaken and said two women, Marlene and Lorenda, had attacked her but that she had defended herself and was okay. She recalled Marlene was then yelling outside, "Family first." While there was no fighting outside Mel Stephens' home, she felt the situation was escalating. Greg Buck, Ronda's boyfriend, drove her home with Dawna, Peter, Sam and Ronda.

She had then consumed two glasses of wine in total at the Stephens' party, but nothing beforehand. [ 104 ] She testified that approximately one month earlier she had taken Cheryl Edgar to the Wal-Mart in Terrace where she had met Ronda with her baby in line at a cashier and chatted. Cheryl came up and as if a switch had gone off, Cheryl commenced to threaten Ronda motioning with her fist and saying, "You fat fuck, I'm going to kill you." Ronda tried to ignore this. Cheryl suggested they go outside.

Lisa gave Cheryl her keys and told her to go to her truck. [ 105 ] Returning to the early morning hours of December 27th, Lisa testified that approximately ten minutes after they had all arrived, Cheryl and Lyle's truck pulled into her driveway. She then did not intend to let Cheryl into her home. There was no way she felt she could do so. She did not answer her door. [ 106 ] In a few minutes, Cheryl and Lyle came to the top of the stairs. Lisa crossed the room and said, "You can't be here. You have to leave." Cheryl hugged her at the top of the stairs and said they had come to wish her a Merry Christmas.

Lisa again said, "You need to go." Lisa recalled Ronda was on the couch and that she got up off it saying, "I'm okay, if she's okay. It's your house. We can put our differences aside." [ 107 ] Cheryl responded by giving two middle fingers with both her hands, pushed or ran past Lisa right towards Ronda with her hands out in front of her, but saying nothing Lisa could recall. She attacked Ronda. Ronda's boyfriend, Greg, did nothing and just stood there. Cheryl and Ronda then fought and Peter, Sam and Greg jumped in to separate them and Sam then turned on Peter tackling him to the couch.

She and Dawna commenced screaming at the two men to stop. Her main focus was on this altercation. Her son Cody came upstairs. He then became a focus for Lisa who told him he needed to go back downstairs which he did. [ 108 ] Lisa recalled the altercation between Sam and Peter ended with the two men rolling down her front stairs and her following them down. Before doing so, as I understood her evidence, she quickly glanced over at Ronda and Cheryl and saw that Ronda had Cheryl pinned on her back on the floor. Ronda's hands were on Cheryl's shoulders.

She could not recall if Ronda was standing or crouching over Cheryl who was screaming and flailing. [ 109 ] Lisa recalled at some point being outside with Sam and Cody. She went back in. She saw Cheryl on the stairs with her face covered in blood. Cheryl said, "Look what your guest did to my face." She felt badly she had let her in at all and said, "I asked you to leave" but then went upstairs. She observed that Ronda, who was at the top of the stairs with Greg, was covered with blood and on the telephone to the RCMP.

She overheard Ronda state that she had been attacked. [ 110 ] This witness really gave no evidence as to the manner in which the accused and Cheryl Edgar fought, for example, in terms of who hit who and in what fashion. Dawna Bob [ 111 ] Dawna Bob testified. She is 41 years of age and is the accused's sister and was Peter Haldane's spouse on December 27th, 2011. She then stood five foot, four inches tall and estimated her weight to be 215 pounds. [ 112 ] She attended Mel Stephens' party. She had nothing to drink before but at Mel's had four beers and some wine and described herself as moderately intoxicated.

As a result, at times she sat at a kitchen table with Ronda and Marlene Moore. Marlene got upset with

her brother Peter scolding him over some personal matters. Some arguing occurred between Marlene, Dawna and Peter. Dawna was aware that Marlene did not approve of her brother, Peter's relationship with her and testified that Marlene had said to her at the Stephens' party that she was not the right person for Peter but did not say why. This upset her. Dawna told Marlene to "let it go." [ 113 ] Peter was quite intoxicated at this time as was Marlene. He then got upset with Dawna and commenced calling her names. Dawna was trying to avoid talking to Marlene.

Dawna could not state whether Ronda overheard what Marlene was saying to her or could say saw what Ronda was doing while the above argument was ongoing between her and Marlene. She did not tell Ronda what Marlene had said to her on the evening in question. [ 114 ] Dawna then went to the washroom and then went outside with Lisa Haldane following her. Peter and Sam were outside. She recalled arguing with Peter outside. Then Ronda came out shortly afterwards she thought with Greg Buck but was not sure.

Her hair was messy and she told Dawna what had occurred inside, none of which Dawna herself saw. [ 115 ] At 3:00 o'clock a.m., they left in her car to drive to Lisa's home some three blocks away. They entered and she and Ronda and Greg sat on the couch. Peter was still intoxicated. She believed she had a beer. About 15 minutes after their arrival, Cheryl and Lyle arrived unannounced at the top of the stairs opposite the couch. [ 116 ] She heard Lisa and Cheryl exchange Christmas greetings and Lisa tell her that she was not invited and had to go.

She heard Ronda say to Lisa, "If you don't have a problem, I don't, it's your house." She knew Ronda had been harassed by Cheryl in the past. Cheryl's response was to throw her arms up in the air and run towards her and Ronda on the couch so fast and hit Ronda on the side of her head or face. She could not at first recall what Cheryl used and then said it was her fist. She could not at first recall what if anything Cheryl said as she advanced on them and then recalled Cheryl said something like, "I'm going to fucking kill you." [ 117 ] Dawna jumped back.

It seemed like in a second Ronda and Cheryl were on the living room floor. It all happened so fast. She did not say how the two got there. Sam and Peter tried to intervene and then she felt because they were both so drunk they commenced fighting each other. Dawna tried to break up their fighting by grabbing Sam's arm. She then felt if she could break up their fight they could break up Ronda and Cheryl's fight. She felt there was no way she could stop Ronda and Cheryl's fight but did not really say why except that the two were physically larger than her. This view was not borne out on the evidence before me.

Dawna outweighed each woman. [ 118 ] It is odd she would feel able to intervene in a fight between two intoxicated men but not one her sister was involved in if she wanted it to end and not continue. She said once the fight between Peter and Sam ended, Peter forced himself between Ronda and Cheryl and shoved Ronda towards the couch.

Things were very chaotic at the time and insofar as she was focussing on Ronda's fight at all, she said she kept yelling at them "Stop." She recalled Peter saying to Ronda after the fight was stopped, "Your face, your face." [ 119 ] This memory is odd as comparatively speaking Cheryl Edgar's injuries sustained in the fight seemed based on the photos in evidence to be far more severe than Ronda's. She could not see Ronda's teeth as her mouth was so full of blood. Dawna recalled both Ronda and Cheryl had bloody faces.

She at the time made no observations of Cheryl's body. [ 120 ] When Cheryl got up, she then ran at Dawna, attacking her. Dawna was near to the stairs at the time and screamed for Ronda and Peter to get Cheryl off her. Cheryl had her by the hair and was punching her. She received a black eye. Someone pulled Cheryl off her. She agreed her relationship with her sister was such that Ronda would help her when she needed help. [ 121 ] In cross-examination, she denied that Ronda had attacked Marlene at Mel Stephens'.

This evidence in context however could only refer to what she saw when she was inside the Stephens’ house. She recalled Marlene was calling Ronda but mostly her names including “hoe”. In her testimony, Dawna explained that she knew Cheryl Edgar as they both lived in the small community of Greenville. She had had negative dealings with Cheryl in the summer of 2011 when she worked in the village housing office and had issued an eviction notice to Cheryl, then apparently a tenant in one of the village houses.

Cheryl took the case to the Residential Tenancy Branch and some kind of arbitration. [ 122 ] Cheryl was not later evicted and at trial was still living in the same home. This entire matter led to hard feelings Dawna believed between her and Cheryl. Cheryl Edgar [ 123 ] Cheryl Edgar testified. She is 48 years of age and in December 2011 was five foot, two inches in height and estimated she weighed 200 pounds. [ 124 ] She recalled the arbitration but suggested it had occurred in the year 2012. She agreed she and Dawna Bob were not on good terms following her dealings with her as the village housing manager.

She knew Ronda only through her sister Dawna. [ 125 ] She testified that she first met Ronda at Wal-Mart in Terrace but then said it was earlier when she was cleaning the church and had her children with her. Ronda had come up to where she was working and told her to "Get the fuck out of the church." [ 126 ] The Wal-Mart meeting was 10 to 12 days before Christmas 2011. Lisa, her cousin, had driven her to the store. She went shopping and at some point saw Ronda and Lisa together, apparently arguing. She intervened.

Ronda called her names in Lisa's presence including "a piece of shit," and "fucking bitch," and "cunt." She agreed she probably told Ronda to "shut her fucking mouth." Cheryl requested the truck keys and went outside and waited for Lisa to come out. [ 127 ] In cross-examination, she denied meeting Ronda and Dawna in an aisle in Wal-Mart or hitting her with a shopping cart. She also testified that she ceased to be a friend of Lisa Haldane right after this Wal-Mart incident, but that on December 26th, while not as close as before things were still okay between her and Lisa.

She did not recall later in the same day encountering Ronda at a Shoppers Drug Mart store in Terrace. She said she had no other interactions with Ronda prior to December 27th, 2011. On that day, she had been with Lyle's family, her then husband, now deceased, to about 3:00 o'clock a.m., and while uninvited, decided to go to Lisa's. Lyle had drunk five or

six beers; she had had one only by 3:00 o'clock a.m. This evidence was not challenged. [ 128 ] She recalled coming to the top of the stairs in Lisa's home and seeing Dawna Bob, Ronda and others. Something was going on in the kitchen with Peter Haldane and Cody. Cheryl testified she knew on seeing Ronda and Dawna she should leave. There is no dispute Cody is and was Lisa's then 14-year-old son. She gave Lisa a hug who told her it was not a good time.

She agreed and said to Lisa, "I'm out of here." Before she could speak to Lyle (who was five foot, one inch in stature and weighed 125 pounds) Greg Buck said something to Lyle as he and she headed to the stairs. Lyle asked Greg about what he had said using a derogatory slang term for white man. Greg responded by punching Lyle in the forehead a rapid succession of punches.

These blows seem corroborated with the two photos of Lyle shown in Exhibit 6 taken by Constable Gilroy on December 27th at the Greenville clinic. [ 129 ] Cheryl went to grab Lyle as Ronda walked behind her between the dining room and living room and grabbed the hood of her jacket pulling it over her head and under her chin. She could not breathe and recalled Ronda getting her on the ground on her back and sat on her with her buttocks on Cheryl's arms and face. [ 130 ] Cheryl felt she was dying as she could not breathe.

She could feel her head being punched and testified that Ronda "pounded the shit out of my head" while the jacket was still over her face. She was able to roll over. Ronda sat on her again. At the time, she could hear both Ronda and Dawna calling her names, for example, "fucking bitch, you're going to die." She lost count of the number of times Ronda hit her. She estimated approximately 15 or 16. These blows hurt even through her hood. She was worried about breathing and she said she was unable to defend herself.

She recalled getting one of her hands; she thought the left, between Ronda's legs before Dawna then sat on her. She also agreed that she was clawing at what felt like Ronda's face to get her off her. She could not really tell as she was trying to breathe but could not. She believes she had her hand near Ronda's mouth. That was how she had bitten her thumb. [ 131 ] Cheryl then felt excruciating pain. As Ronda was punching her, she could hear Ronda telling Dawna to get over and help her out and sit on Cheryl's legs. She could not move her legs because someone was on them.

She could not see Dawna and assumed it was her. [ 132 ] When the person she believed was Dawna got off first Ronda remained on her. Cheryl believed Sam eventually pushed her off. She could hear him yelling, "Stop, get off her." [ 133 ] At this time she said Peter and Lisa had taken off somewhere and were not present. Sam helped her up. It was only then that she was able to remove her jacket hood that Ronda had pulled over her face. She was then hiding behind Sam.

She recalled Greg Buck was then beating up her husband Lyle who was on the ground. [ 134 ] She then said she got pushed down on the stairs by a shorter person, she was unsure if it was Ronda or Dawna. She tumbled down the stairs, her head was pounding, she believed she then blacked out, however, only for a few minutes and did not recall what occurred. When she came to, she saw Lyle come flying down the stairs. [ 135 ] She continued to lie on the stairs but hearing nothing, got up, went outside, and returned for Lyle, went home and asked her daughter to call Emergency Health Services which she did.

They shortly attended and took her into the Greenville clinic arriving she thought between 5:00 and 5:30 a.m. An ambulance was then called and she went to the Mills Memorial Hospital in Terrace by noon. [ 136 ] The following day an air ambulance took her to Prince George as it was thought her injured thumb might have to be amputated. Nonetheless, the following day in surgery it was reattached. It took one year to recover and was extremely painful. It was still painful at trial. Her use of her thumb is now limited and for example she has difficulty picking up heavy objects.

On review of the photos in Exhibits 4 and 5 she said they accurately portrayed how she looked on December 27th. [ 137 ] Ms. Edgar was shown three photos, Exhibit 11, taken by her mother on December 28th at Mills Memorial Hospital in Terrace. Both the second and third photos show significant bruising on her neck, chin, and lower cheek, mostly on the left side. Ms. Edgar said these resulted from her being suffocated when her hood was pulled over her head. In my view, they are consistent with such an event and the injury one might reasonably expect would be caused thereby. [ 138 ] Ms.

Edgar said as a result of the alleged assault she was diagnosed with Post Traumatic Stress Disorder and that she suffered from major anxiety and had nightmares both of which conditions she was taking medications to manage.

She was also taking counselling and said she was unable to work and afraid to leave her house as Ronda's parents live right across the street from her. [ 139 ] In cross-examination, she admitted that in the autumn of 2010 certain church ladies in Greenville, including Ronda's mother, had asked her to leave the church with her children and dog and said that Ronda and one Inez had in the process cornered her in the church basement. She used a mop handle to push past them when leaving. Ronda was standing in her way.

She denied pushing the accused upstairs in the church. [ 140 ] She denied that prior to the altercation Ronda had said, "If Cheryl has no problem, I don't." She did recall Ronda coming across the room and saying words to the effect, "We can get past this, let's have a beer," and that she said no. She testified she was very clear that she had not attacked Ronda at Lisa's. [ 141 ] Most of the details of the alleged assault by the accused on Cheryl Edgar were not challenged in cross-examination, nor were most of the details given in evidence by the accused as to how the altercation between her and Ms.

Edgar put to her in cross-examination so she could respond. [ 142 ] I turn now to the evidence of the accused, Ronda Evans. Evidence of Ronda Evans [ 143 ] She is 35 years of age and in December 2011 stood five foot, three inches, and weighed she estimated 210 pounds. She said she was heavier on the date of the trial.

[ 144 ] On December 26th, she attended a community reunion dinner with her sister, Trish. Her boyfriend, Greg Buck, was probably with her. After the dinner, they went to both her sister's and parents' home in Greenville. She then went to Mel Stephens' place a few hours after the dinner. She had consumed no alcohol before going there and only four sips of wine while there. [ 145 ] On arrival, she sat on the left hand side of a table in the dining room area.

She became aware of a conversation that stopped and started involving Marlene Moore, her sister Dawna, and Peter Haldane, all of whom were seated or standing close to her at the Stephens' party. [ 146 ] They were talking about really sad things that in Ms. Evans' opinion should not have been discussed at a drinking party.

Part of what Marlene and Dawna talked about was that one month earlier, Peter had punched Dawna and got charged and then the accused said she did not know if he did. [ 147 ] A few times Marlene was crying at the time and would get up and come over and kneel down and say things to Dawna seated beside her that she could hear but did not want to. Peter was sitting or standing near Dawna and the accused recalled he kept standing up a lot and getting drinks.

The accused testified in considerable detail where many of the party guests stood, sat or moved to or from during the party in the Stephens' home. [ 148 ] At some point, Marlene and Dawna started yelling. As well at some point the accused recalled Marlene was grabbing people's beers and doing things that bothered everybody. She did not state what things. [ 149 ] Her spouse, Peter Haldane, was also swearing at his spouse, Dawna, and sister, Marlene saying to Dawna, "Fuck you. Shut the fuck up." A few people told Peter and Marlene to stop.

People told Peter to go but Marlene did not stop making comments to Dawna who kept arguing back. It was obvious to the accused that Peter and Marlene were the ones who would not stop. The accused recalled telling Peter that he and Marlene always caused trouble when they drank, that they should not, I assumed drink. Peter was leaving as were a few others who got annoyed with Peter. [ 150 ] Lorenda McKay who was sitting almost beside the accused in the kitchen got up to go upstairs and was clearly annoyed with Peter and Marlene and was also swearing saying something like, "Fuck, this again" or "Fuck.

We got to deal with this again?" As she did so, the accused recalled as Lorenda walked past her, her flinging her arms up in the air saying, "Fuck, not this again." She also recalled Lorenda looking pissed off, disgusted and impatient. She recalled Peter than said to Dawna or told her and grabbing Dawna, "Let's go," or "Let's get the fuck out of here." Lisa said words to the effect to Peter, "Don't touch her" or "Don't manhandle her." Lisa, Peter's cousin, was defending Dawna.

Peter and Dawna proceeded towards the door as well as Lisa and a couple of other guests. [ 151 ] The accused's boyfriend, Greg Buck, was mad or annoyed and not enjoying himself and he wanted to leave the party. The accused recalled Peter left but was not sure if her sister Dawna and Lisa followed or left after Peter did. Sam Doolin left. Marlene was somewhere in there I understood with a group of departing people in which the accused described as kind of clutter of people leaving.

She and Dawna were still exchanging words and the accused observed Marlene yelling and screaming at both Dawna saying twice, "Fuck you, Dawna," and at Peter. Dawna was yelling back at Marlene, "Shut the fuck up" or "Fuck you, Marlene." To Peter, Marlene was screaming, "You are supposed to protect family. You are my family not hers." [ 152 ] At the time, the door was open and people were putting their shoes on. On arrival, the accused had stepped in a puddle of melted snow in her stocking feet and had removed her sock and hung it on the railing on the stairs leading up to the second floor to dry.

She had spent the evening at Mel's with one sock on and one sock off. This situation was a common joke at Mel's party according to the accused. People would come in and ask whose sock and she would show her bare foot. [ 153 ] I note no other witness said they saw the sock or testified the accused either had a bare foot or that people asked about the sock or that the accused showed a bare foot to those in attendance. [ 154 ] The accused stood bent over trying to put her sock on. The hallway cleared as she did so but not everyone went outside.

As people were getting their shoes on and leaving, the accused recalled that Marlene started kind of jumping saying "punch her again, ha, ha" or "punch her again Peter, ha, ha," motioning with her fist into her hand. [ 155 ] The accused seemed to suggest that at the time she understood Marlene was referring to an event that she and Dawna had earlier mentioned at the party involving Peter earlier punching Dawna. [ 156 ] The people in the hall had all gone outside save for Marlene who was still in the hallway yelling out the door which he had slammed. Other people were downstairs.

While the accused was bent over, Marlene swore at her. The First Altercation [ 157 ] The accused described being attacked by Marlene after she slammed the hall door leading out shut. Marlene walked back down the hall towards the accused who was bent over. Ronda then could not see her because she had very long hair. Marlene then said, "Fuck you too" close to the accused. [ 158 ] The sense of the accused's evidence was that because of her long hair covering her face and eyes she could not then see Marlene but knew it was her.

The accused responded, "Shut the fuck up, Marlene." In her direct evidence, the accused gave no real reason for why Marlene would swear at her or assault her, but in cross-examination suggested that Marlene was at the time under the influence of alcohol and possibly crack cocaine. Ms. Moore was not asked in her cross-examination if she had used crack cocaine on the evening in question.

The accused agreed Marlene had no “beef” with her on the evening in question. [ 159 ] It was suggested to her in cross-examination that Marlene had no reason to attack her and her evidence was as follows: Q You were sticking up for your sister, Dawna Bob.

A No. Q You were – Marlene Moore had no beef with you, did she? A No. Q And you knew that Marlene wasn't that big, right? A Yes. Q And you knew that she probably wasn't a fighter? A Yes. That's why I didn't need to stick up for my sister. She wasn't a fighter. Q But you agree with me that Marlene had had no reason to attack you? A She was angry at everybody. She was swearing at everybody. She didn't have – Q So why did you – A A specific reason. Because I was there. I'm not sure. I don't know why she did. Q I'm suggesting you started this altercation.

A No. [ 160 ] In her direct evidence, the accused admitted that on December 27th Marlene was a lot smaller and lighter than her. [ 161 ] As she swore at Marlene, then Marlene hit the accused who was looking at her foot. She denied that she ever went flying across the room at Marlene.

The accused did not know if Marlene punched or elbowed her as she was bent over or down with her long hair draping over her. [ 162 ] Then the accused said she and Marlene got into it and went past the dining room table, she thought hitting it while fighting and while defending herself they went to the floor right away towards the end of the table. Both women had a hold of each other. She grabbed she thought Marlene's pants or shirt or something. Her hair was all over. Marlene was trying to hit her but the accused thought her hands were getting caught in her hair.

The accused thought that she landed on Marlene's inside right leg but they were almost side- by-side but that she was then part on Marlene's leg which was under her. Marlene then started hitting and kicking her and she hit her back. Then the accused said "We were trying to hit each other" but she just wanted to get back up." [ 163 ] I confess having some difficulty understanding quite how Marlene might have been kicking the accused at the time in light of the accused's own evidence. [ 164 ] While on the floor the accused said that each had one another by the hair.

It is not entirely clear to me how this occurred as the accused said Marlene was hitting her while the two were down but the accused did state by the time they had one another's hair, the punching had stopped. The accused again described that her hair was so long and all over. [ 165 ] On cross-examination, the accused denied several times being or getting on top of Marlene and on one occasion hitting Marlene while on top of her. She denied punching Marlene in the head "not that I know of." She said that she had only hit Marlene a couple of times and being hit by Marlene a couple of times on the floor.

This lasted a few seconds. She pulled Marlene's hair and I think to Marlene "up to the standing position." This occurred very quickly.

[ 166 ] In direct, the accused said she pulled Marlene up with her waist. Once up, she recalled each held the other by the hair and then both of their heads were done, their faces were probably facing down and they were bent forward facing one another.

She could recall when she testified that some 34 months earlier on December 27th, 2011 when she was up holding Marlene that she was facing the wall in Mel Stephens' house with the TV stand and that Marlene was probably facing the entrance into the kitchen and dining room area. [ 167 ] While the two were standing, Marlene's husband Albert got involved saying, "Fuck off, Ronda." She recalled he was hitting and trying to kick at her legs to get her away from Marlene.

He was punching her left forearm and also trying to punch underneath where their arms were as the two of them stood with their hands intertwined in one another's hair. She felt Albert kick her a few times and hit her a few times and also missed her a few times. She could even hear him going like, "Hmm" when he was punching at them. [ 168 ] She recalled that Cec Mercer was also yanking and grabbing at the two of them. She could feel him near her back to her left side.

He was at the time very intoxicated. [ 169 ] At this time, she could hear both Marlene and her aunt, Lorenda McKay screaming "Fuck you, fuck you," or in cross- examination "Fuck you, Ronda." In direct she testified that Marlene had screamed a couple of times, "Fuck you, Ronda, fuck you, you bitch," a somewhat different rendition. [ 170 ] She heard Lorenda telling Albert what she clarified on cross screaming at Albert to get Ronda saying, "Hit her, Albert, fucking hit her, Albert, get her," and "Fucking hit her." On cross-examination she said Lorenda also exhorted Albert to punch her. [ 171 ] When asked by the Court where Lorenda was at the time she was screaming these things, she answered as follows: She was in the living room but not – not right by me at the – I don't know.

I didn't see her. I just heard her voice, but she wasn't – eventually like right after that she was right by us and she was – I saw her boots kicking at me and she – [ 172 ] The accused testified that the first altercation with Marlene Moore lasted less than one minute. The Second Altercation [ 173 ] The accused testified Lorenda had come and was trying to hit her.

At the same time, she heard her boyfriend, Greg Buck scream, "Get off her." Lorenda did not grab her shoulder that she knew of but she could have. [ 174 ] I note the accused answered quite a few questions put to her in this fashion, namely, that something might have happened or could have happened. [ 175 ] She heard her boyfriend Greg yell or scream at some point, "Get off her," or "Those are women fighting, get the fuck off her, don't touch her." He screamed a few things in a row including "You guys get off her," and "You guys are men, these are women fighting." At the time Greg uttered these words, Lorenda was attacking the accused, hitting and kicking her, more kicking.

The accused recognized her boots and was able to describe them at trial as high, skinny-heeled, black boots. She recalled most people had their shoes off but Lorenda was seemingly very proud of her black boots and showed them off earlier at the party and was proud Mel had allowed her to keep them on at the party in his home. She was able in the midst of the altercation to hear Albert Moore yell back at Greg but did not know what he had said. At this time, she said she was not being punched or kicked anymore by Albert Moore. Cec Mercer had let go of her before Albert did.

Lorenda continued to kick at her or try to kick her. The accused's head was, as in the first confrontation, again down and she testified the only reason she knew it was Lorenda kicking her was: 1. She could hear her voice; and 2. She commented on her boots earlier in the evening on one occasion when Lorenda was sitting near her and she recognized them. [ 176 ] Thus, I conclude Lorenda's black boots have some significance in the accused's account of the second altercation. [ 177 ] She recalled Lorenda was on her right side close to her head.

Marlene was pulling one side of her hair kind of to the left side but still back on top of her head. She was then close to the dining room table. Lorenda was also pulling her hair. In the result, she said she was swaying back and forth being pulled side-to-side by these two women pulling her hair. She was being pulled away from the kitchen area. Marlene let go of her hair and she let go of Marlene's. [ 178 ] Then she and Lorenda flew towards the living room. The accused said, "We flung to the living room" as she was being pulled by Lorenda who was yanking the whole time.

They landed on the floor closer to the couches but she could not see who was sitting on them at the time because of her hair again. Neither was on top of the other on the floor. [ 179 ] On several occasions in her testimony the accused denied she was ever on top of Lorenda during this altercation nor did she punch her from on top nor was Lorenda on top of her. She said that they were on the floor side-by-side. [ 180 ] Her evidence with respect to the first altercation with Marlene was similar. Lorenda had a hold of her hair. She felt Lorenda kicking her body but she was not right close to the accused.

Later, she found she had kick marks on her chest but could not say from whom. The accused testified as follows: She was kicking and scratching and attacking but my hair was so long that she had it. Q Okay, you're indicating that she is pulling your hair with both hands.

A She was holding my hair, yes. She had my hair like I know she wrapped her hands in there because I could feel it no matter what, okay? Q Okay, but how is she scratching and holding your hair? A She was trying to scratch while she had my hair. She would tug and then she'd like do that but she was also kicking at me and she was higher up so I was closer like when we were laying down, we fell where I was lower on her body than she – she landed higher up so that my head would have been halfway up her body. Q All right.

Your Honour, the witness is making gestures but I'm not sure that they contribute to the evidence in any way. The Court: I am just trying to stay with her, okay, Mr. MacGregor? Q Okay. So if I understand you correctly, then your head is – is next to Lorenda's torso. The top part of her body and her head is kind of above your head? A Yes. Q Okay, and – A And we were – and we were fighting, like we were scuffling and her hands were – she would try to gouge at my head and all. I would just keep trying to move my head because I felt her gouging at my face and my – my head. Q Did you hit her? A Yes. Q With what?

A Like I was trying to punch her hands off my hair because she was in – so I was using force to like slam her arms. Q All right, but when I say did you hit her? Did you use fists, feet, head butt, weapons, what? A I used my fist. I used my hands because we had each other's hair. I had gotten closer to her and we were hitting each other with fists. Q All right. Did you hit her on the face? A I don't know, but I'm – I don't know like I – Q Do you have any idea how many times you hit her?

A Maybe I know – I – probably two or three times once I got close to her -- like once we were in the same area. Q Okay, okay, then. Then what happens after that? A She – I heard people yelling and she – I had pulled enough away because my hair was long and I put my hands – I was down – like we were side-by-side by then and so she was facing me and I was facing her and we were just holding each other and I put my hand up in the air. [ 181 ] On cross-examination, she agreed that while on the floor with Lorenda she did not know if she was at Cheryl Stephens' feet.

She did not agree that she punched Lorenda on the back or threw four or five punches at her. She later said, "If I hit her, I wasn't aware where I did." To her knowledge, Francine Gurney had not tried to intervene. [ 182 ] I note that the accused's evidence on one hand would suggest that these two women each had a hold of the other's hair, but she also states that they were nonetheless able to fight or scuffle and punch one another too. I confess it was not made clear to me how this could have occurred in the circumstances described by the accused. [ 183 ] The next thing the accused recalled was people screaming.

She heard Greg say, "That's enough" twice. She put her hand or hands up in the air kind of to the side and said or screamed, "I don't have her. Get her off me. Get her the fuck off me." At this point, Lorenda started to try to gouge her face again and her head. She felt scratches on her head due to Lorenda's fingernails but could not state with which hand Lorenda was assaulting her. She was still down with her head down. She tried to get up. Her knees were up.

She heard Cheryl and Marina Stephens yelling at Lorenda saying, "That's enough, Lorenda, that's enough." Marina she thought said, "Just fucking stop." [ 184 ] She then remembered Greg kind of pulling her up and asking if she was okay as they walked to where the door was. As she did so, Cheryl and Marina came up to her and said “they saw” and the accused apologized to them for what had occurred, a fight in someone else's home. [ 185 ] These same two women also asked if she was okay and said "You didn't do this, you didn't do anything." Marina hugged her.

I find the woman the accused must have been referring to called Marina was in fact Marina Mercer. [ 186 ] She did not see either Marlene or Lorenda after. As to Lorenda, she said the reason was that she had quite long hair that was all over and Lorenda was still screaming stuff at her like, "Fuck you, bitch," or "You are going to get it." She just kept saying this, "Wait until Sugar [phonetic] gets a hold of you! Wait until Evram gets a hold of you." [ 187 ] The accused knew Sugar or Miriam McKay an acquaintance of hers and a family member or niece of Lorenda's.

Sugar was known to be quite strong, tough, and to have had beaten up a lot of people and to have won fights. [ 188 ] Before she left, she put her shoes on but not the other sock. She felt she might have brought the sock with her from Mel's but did not have it on at Lisa's place. [ 189 ] Marina or Cheryl followed the accused and Buck out the door. A few people were waiting outside including Dawna, Peter, Lisa, and Sam.

When asked if she told them what had just occurred inside, she just said, "They just attacked me." [ 190 ] The accused was very clear in her cross-examination as to this event that she was first attacked by both Marlene and Albert Moore, and later by Lorenda who was not merely trying to intervene. No charges were ever laid against any of these persons including Lorenda for threatening the accused as set out above. [ 191 ] She put her hair up in a ponytail outside as it had gotten quite messy.

The accused testified that they had been invited to a party across the street but did not want to go and be seen as her face was scratched. She could feel the scratches. Her head hurt. They were going to go to Dawna's place but then decided to go to Lisa's to have a couple of drinks. As I understand the accused's evidence, by this point in the evening she had consumed in total four sips of one glass of wine. [ 192 ] There was apparently no discussion that the accused should go to the Greenville Clinic to get checked out at this time. [ 193 ] She was unable to estimate the length of this second altercation.

The Third Altercation involving Cheryl Edgar [ 194 ] The accused drove with Lisa said to be a friend of her sister Dawna to Lisa's place. The only people there eventually were her, Greg, Lisa, Sam, and Peter said to have been quite drunk, and Cody, Lisa's teenaged son. She recalled she may have opened a beer but said in direct evidence had not drunk any but in cross that she may have had a few sips before Cheryl arrived.

She recalled exactly where everyone sat on arrival at Lisa's in the living room and who moved and to where. [ 195 ] She also seemed to recall where most items of furniture were situate in the living room in the Haldane home. She described Peter as being funny, he had gotten over being obnoxious but was different. His mood had changed. [ 196 ] In 10 or 15 minutes, Cheryl arrived at the top of the stairs. She did not see her husband Lyle. From where she sat on the couch in the living room she saw Lisa go over to her and ask how she had gotten in.

They hugged and said Merry Christmas and she overheard Lisa say to Cheryl several times, "You can't be here. You weren't invited. You have to leave."

[ 197 ] Cheryl just kept staring at her. The accused said "Cheryl was drugged at looking at me most of the time," whatever

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