Assault charges against two Halifax Alehouse bouncers withdrawn before trial

Matthew Day, centre, was one of two former Halifax Alehouse security guards charged with assault in relation to an incident on Oct. 10, 2022. The charges were thrown out on Tuesday. (Josh Hoffman/CBC - image credit)
Matthew Day, centre, was one of two former Halifax Alehouse security guards charged with assault in relation to an incident on Oct. 10, 2022. The charges were thrown out on Tuesday. (Josh Hoffman/CBC - image credit)

Assault charges against two security guards who worked at a downtown Halifax bar have been withdrawn moments before their trial was supposed to get underway.

Alexander Levy, 38, and Matthew Day, 33, were both charged in relation to an incident outside the Halifax Alehouse on Oct. 10, 2022. A customer was allegedly attacked by two bouncers and held in a choke hold after being kicked out of the bar.

A Crown lawyer told Judge Kelly Serbu in Halifax provincial court on Tuesday they will not be proceeding with the case because the complainant no longer wants to be involved and there's no realistic prospect of prosecution.

Day appeared in the courtroom but Levy wasn't present. When asked for comment by reporters after the hearing, Day said "you can't print anything that I'd want to say."

Case is separate from Sawyer homicide

The case is unrelated to the death of Ryan Sawyer. He was found unconscious outside the Halifax Alehouse in the early hours of Dec. 24, 2022, and died of his injuries later in hospital.

Levy has been charged with manslaughter and criminal negligence causing death in that case. The charges have not been proven in court and a trial is scheduled for next year.

Lee Sawyer, Ryan's mother, was in the courtroom on Tuesday and was visibly upset when the courtroom heard the case against Levy and Day was being thrown out. She declined a request for comment.

Civil lawsuit

The Halifax Alehouse is also facing a lawsuit related to a third incident in 2022 involving security staff.

In a lawsuit, Addisiane Freeland said he suffered serious injuries, including a fractured hyoid bone in his neck and a concussion, as a result of the alleged assault by Alehouse bouncers on Aug. 14, 2022.

The Alehouse denies all allegations made in the lawsuit. In a statement of defence, the bar's owners say that staff "acted reasonably" during the incident involving the plaintiff.

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