Madsen verdict in judge’s hands

The fate of a 31-year-old Theodore man accused of aggravated assault resulting in the paralysis of another man is now in the hands of a provincial court judge.

At the continuation of the trial of Kim Madsen January 18, the Crown and defence made their final arguments.

Over the course of the trial, which started at the end of November and continued December 28 and 29, the Court heard two conflicting versions of the events that allegedly left 42-year-old Dennis Peepeetch paraplegic.

Not in dispute is the fact that after a brief verbal interaction between the two men, Madsen grabbed Peepeetch by the jacket and slammed him into the ground several times.

Using security video footage and eyewitness testimony, the Crown, represented by Andrew Wyatt, painted a scene of a fragile and largely amiable Peepeetch savagely attacked with little provocation by a bigger man with a violent history.

The prosecutor used expert testimony from the surgeon who treated Peepeetch at hospital in Regina to establish the alleged assault directly led to the victim’s paralysis.

Defence attorney David Rusnak countered the Crown narrative with testimony that Peepeetch had been drunk, belligerent and spoiling for a fight. The defence claims that Peepeetch spat in Madsen’s face to instigate the incident.

Rusnak attempted to raise reasonable doubt with respect to the injuries through testimony from the paramedic who attended that night, who said on the stand Peepeetch was moving around when the ambulance arrived.

Judge Patrick Reis scheduled his decision for March 10.