Assault charge dismissed, judge says accused was not aggressor

The charge of aggravated assault against a 28-year-old Thunder Bay man that followed an incident that left another man with a serious brain injury has been dismissed.
 
Justice Helen Pierce said Michael Patrick Vincent was not the aggressor in the incident and the charge, which holds a maximum penalty of 14 years in prison, was dismissed.

On June 9, 2009, a man suffered critical injuries following an altercation on Frederica Street.

The judge determined the injured man threw the first blow and Vincent threw two strikes in self-defense – one to the jaw and one to the abdomen – and that his actions were reasonable under the circumstances, said defense attorney Christopher Watkins.

During the three-day trial in December, the Crown argued Vincent crushed the man’s skull and bragged about it back inside the bar.

Watkins said once the verdict was read at the Superior Court of Justice Friday afternoon, the courtroom was unsettled; emotions were running high. 

There was no joy shown by his client, just a sense of relief, he said, adding no one walked away from the trial a winner.