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Edmonton road-rage attacker loses mistrial bid

A man convicted of breaking an Edmonton woman's arms with a crowbar in a road-rage attack has lost his bid for a new trial.

"Your courageous effort has not satisfied me that this is a case where the verdict should be set aside or a new trial ordered," Court of Queen's Bench Justice Adam Germain told Jared Eliasson on Friday.

Earlier this week Eliasson filed a mistrial application, alleging new medical evidence showed injuries sustained by victim Chelsey Schendzielorz were caused by falling, not being struck.

At Eliasson's trial in April, court heard that on the morning of March 7, 2017, Schendzielorz honked at a driver in a small silver car blocking an intersection in the King Edward Park neighbourhood of southeast Edmonton.

She drove a couple of blocks to park in front of her house. Before she got out of the car, a silver car pulled up. Schendzielorz testified the driver got out holding a crowbar and hit her twice, breaking both her arms.

The mistrial application was set in motion by a phone call from an anonymous tipster to Eliasson's lawyer Zack Elias three days after Eliasson was convicted.

In an affidavit, Elias said he got a phone call from someone at the Royal Alexandra Hospital. The anonymous caller claimed to have knowledge of the victim's medical files and X-rays. The tipster said the injuries were caused by a fall, not by a crowbar.

At the defence lawyer's request, the Crown obtained the X-rays and a medical opinion from the orthopedic surgeon who had operated on Schendzielorz's broken arms.

"The injury to the left arm, in my opinion, was most definitely due to the fall on [an] outstretched hand," Dr. Richard McLeod wrote. "The injury to the right arm, in my opinion, was most likely due to the fall on outstretched hand ... Although it is possible that a direct blow caused this."

On Friday, lawyer Robert LaValley — representing Eliasson and Elias — argued the doctor's statement challenges the victim's version of events.

"It goes to credibility of the complainant," LaValley said. "This could have led you to conclude ... the event as she described it did not occur."

He suggested Schendzielorz may have got out of her vehicle and slipped before she got into an argument with the driver who had followed her.

Janice Johnston/CBC
Janice Johnston/CBC

"The suggestion that the complainant simply slipped and fell outside the vehicle is pure fantasy," Crown prosecutor Chantelle Washenfelder countered. "There is no air of reality to any of that."

Washenfelder said the doctor's letter was not a reason to declare a mistrial.

"This is an attempt at a mulligan," she said. "It doesn't matter how her arms were broken. It matters that they were broken."

Crown will seek four-year prison term

After a two-hour break, Germain dismissed the defence's application for a mistrial.

"The mechanics of how the injuries occurred were not relevant at trial because the accused agreed she was injured in an assault," Germain said. "Identity was the only issue at trial."

The judge admitted the mechanics of how Schendzielorz broke her arms remain unclear, but despite the letter from the doctor he said: "This woman was struck with a weapon."

Germain characterized the mistrial application as the defence trying to reverse a tactical decision made at trial.

Eliasson's sentencing has been set for mid-December. He will also be sentenced for possession of a dangerous weapon and mischief.

Washenfelder indicated she will be seeking a four-year prison term, with 15 months credit for time already served.

She also asked the judge to take Eliasson into custody, but Germain decided to allow him to remain free on bail.

Eliasson told court he is studying computer science at MacEwan University, with his semester due to end in December.

"The reality for Mr. Eliasson is that he's looking at some jail time," Germain said.

Outside court, Schendzielorz told CBC News she was "very happy" the mistrial application was dismissed.