A man facing a second degree murder charge after an altercation with another man in a rural part of Tweed last summer has been set free.
According a report in The Intelligencer, the Crown Attorney’s office decided that pathology reports could not prove that 53-year-old Dartt MacPherson died as a result of being punched by 36-year-old Samuel Koch in August.
The charge against him was withdrawn yesterday.
The pair had been drinking at a Kinlin Road home and court heard that MacPherson had punched Koch and when Koch retaliated he collapsed and hit his head on a rock.
Pathology reports indicated that even if an ambulance had been called, MacPherson may not have been able to be saved because of his level of intoxication and the swelling of his brain.
