A trial opened this morning in Rossland for a man accused of pushing another man down a flight of stairs at the Beaver Valley arena during a KIJHL playoff game last year.
Glenn Holbrook, who was 57 at the time of the incident, is charged with aggravated assault. Provincial court judge Rob Brown is hearing the case, which is expected to continue tomorrow and then adjourn until April.
Crown counsel alleges that on March 19, Holbrook attended the concluding game of the Nitehawks’ series against the Grand Forks Border Bruins. The Crown says Kevin Doherty of Fruitvale, who was 47 at the time, confronted Holbrook at the end of the game about using an airhorn.
Doherty testified today that Holbrook used the airhorn “non-stop,” causing many in the crowd to become “very irritated.” Doherty said he walked down from the arena concourse to where Holbrook was sitting.
Doherty said he used words to the effect of “Hey, that’s enough of that thing. The game’s over.” Doherty said Holbrook responded by grabbing him with both hands and throwing him down the stairs.
“I hardly had the words out of my mouth and I was grabbed,” Doherty said. “He threw me down like a rag doll.” Doherty said he landed head-first on the concrete steps and was knocked unconscious.
Doherty said he was in “excruciating pain” and he later learned both of his knees were dislocated, which required surgery. He said his right elbow was also injured and his head was bruised.
Doherty said he spent the next four or five days in hospital and when discharged, he remained in bed for over a month, as he couldn’t walk or stand.
Denies exaggerating injuries
During cross-examination, defence counsel Alan Perello raised inconsistences between Doherty’s testimony, his police statement, and his medical records.
In his statement to police about a week after the incident, Doherty expressed uncertainty about how he fell down the stairs and speculated Holbrook may have hit him over the head with a box connected to the airhorn.
While Doherty agreed those were his words, he said he was on heavy pain medication at the time, had suffered a concussion, and his memory had been spotty.
“I know how it started, I know who did the damage, and what was done,” Doherty said. “I didn’t jump down the stairs.”
Perello cited medical records that stated Doherty had ruptured tendons in his knees, but didn’t mention broken bones, smashed kneecaps, or a head injury. Doherty said the injuries to his knees were greater than described in the report.
While Doherty agreed there was no evidence of broken vertebrae or open cuts on his head, he insisted there was visible bruising, even though it wasn’t in the medical records. He also insisted his arm was injured in the fall, while the report suggested it may have been due to a previous incident.
“You have vastly exaggerated the injuries you actually suffered,” Perello said.
“Not a chance,” Doherty replied.
“I’m going to suggest you could have tripped,” Perello said later.
“Not a chance,” Doherty replied.
“I’m going to suggest someone else nudged you,” Perello said.
“Not a chance,” Doherty said. “I was violently grabbed and thrown down the stairs.”
While Doherty said he didn’t drink any alcohol on the night of the game, Perello showed him a picture of himself at the arena that night holding a white can. Doherty agreed he bought alcohol for others, but said did not have any himself. He testified that a medical report that indicated he had one beer at the game was wrong.
The second witness to testify was Castlegar Rebels trainer and retired RCMP officer Darren Oelke, who attended the game. He corroborated Doherty’s account of being grabbed with two hands and pulled down the stairs and he disagreed with Perello’s suggestion that Doherty may have lost his balance and fallen on his own.
Oelke said he didn’t find Holbrook’s airhorn use excessive, but based on Doherty’s quick approach to Holbrook, he feared something potentially violent might occur. After Doherty fell, Oelke said his immediate reaction was not to call the police. He said he felt the situation was in hand and he left soon afterward.
Before the day ended, Nitehawks president Steve Piccolo began to testify.
Crown prosecutor William Westcott indicated he expects to call two more witnesses. The defence hasn’t said how many witnesses it plans to call, but each side is expected to take two days to present its case.
RCMP posted a picture of the suspect about ten days after the incident, looking for information about his identity. A Grand Forks man turned himself in about a week later.
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