The Quinte Consolidated Courthouse. (Photo: Amanda Smith / Quinte News File)
A Trenton man has been found guilty of aggravated assault, but not guilty of attempted murder, after his common law ex-girlfriend was stabbed 23 times with scissors and a knife in August of 2014.
In issuing his verdict on Tuesday, Justice Richard J. Johnson told Belleville court he rejected most of the testimony given by Shawn Birt, as he recounted the night he fought with his ex, Sheila Woodcox at her Loyalist Parkway-area home.
While Birt claimed he only attacked Woodcox after she came at him, Justice Johnson says it’s clear based on the number and severity of her injuries, namely a severed achilles tendon, that Birt was the aggressor in the incident and that he was angry and jealous that Woodcox had been spending time with another man.
Justice Johnson also noted that Woodcox’s severe injuries kept her in hospital for weeks following the violent encounter and the only injuries suffered by Birt were self inflicted, when he threatened to kill himself.
Evidence presented in the case showed Birt was extremely drunk the night of the fight and sent multiple angry messages to Woodcox, and visited her house four times, before the attack.
Justice Johnson did note some discrepancies in the testimony of Woodcox, mostly variations on dates and times of events leading up the altercation, but she didn’t try to purposely mislead the court, as he says Birt did at times.
As far as the attempted murder charge goes, Justice Johnson says while it’s clear Birt had intent to injure Woodcox, the Crown did not prove beyond a reasonable doubt that he intended to kill her.
A pre-sentence report has been ordered and will be brought back to court early in the new year.
Until then, Birt is out on $10,000 bail, but with strict conditions, including house arrest and must wear an GPS monitor as well.
