A Simcoe, Ont. woman is dealing with an assault with a weapon cost after she stated that she by accident sprayed her neighbour with a water gun over the Labour Day weekend, a scenario that no less than one authorized professional says quantities to an “unlucky waste of sources.”
Wendy Washik was at a neighbourhood barbecue on Sept. 1 when she joined a playful water gun struggle with certainly one of her neighbour’s youngsters. Because the 58-year-old instructional assistant was chasing the kid to the entrance of the house, she stated she by accident sprayed one other neighbour with water.
“I just kept apologizing and apologizing,” she informed Ontario Chronicle Toronto in an interview on Wednesday, including that the neighbour started “screaming” at her following the incident.
Washik stated the neighbour known as police and officers arrived on the scene a short while later and charged her with assault with a weapon. She claims police spoke to the neighbour who made the decision however requested nobody else questions concerning the incident.
“I was in shock. I just couldn’t believe it. I kept saying to the police officer, ‘It was a water gun. I didn’t do it intentionally. I was having a water gun fight!’ I just couldn’t believe it,” Washik, who says she doesn’t have a legal report, recalled.
In line with an Ontario Provincial Police (OPP) information launch issued on Sept. 3, a Norfolk County officer was known as to the Woodway Path house for a report of a neighbour dispute which resulted within the sufferer being bodily assaulted. No accidents had been reported.
Washik’s full identify, age and space of residence had been included within the information launch saying the assault with a weapon cost in opposition to her however an outline of the kind of weapon used was not.
Washik stated her college board has positioned her on go away pending the decision of the courtroom proceedings.
“I’ve been very stressed, mentally and financially stressed. My family has been through a lot too,” she stated.
‘Something can qualify as a weapon’: Toronto legal defence lawyer
Though Washik says she nonetheless can’t imagine she is dealing with an assault with a weapon cost, one Toronto legal defence lawyer stated “anything” can qualify as a weapon.
“Frankly, a pencil, a knife, picture frame…it depends upon how the object is utilized that determines whether or not it’s a weapon. So, the water gun can be qualified as a weapon as a result,” Monte MacGregor, who will not be concerned within the case, informed Ontario Chronicle Toronto in an interview. “And assault is where you touch someone or threaten to touch them in a manner without their consent, right?”
MacGregor stated police do have a sure discretion to find out whether or not or not a cost must be laid and whether or not or not they’ve cheap and possible grounds to imagine that an offence has been dedicated.
Wendy Washik was criminally charged after she stated she by accident sprayed her neighbour with a water gun, just like the 2 seen on this picture. ( Ontario Chronicle Kitchener/Jeff Pickel)
“Am I surprised that the charge has been laid? No. But do I recognize that it’s an unfortunate and almost meaningless waste of resources? Yes, because they didn’t interview her, right?” he stated.
Ontario Chronicle Kitchener reached out to Norfolk County OPP for touch upon the investigation. In an announcement, the OPP declined to touch upon the specifics of the incident however stated that particulars concerning the weapon concerned are thought-about a part of the investigation and never “generally” shared with the general public.
How may issues play out in courtroom?
Washik is due in courtroom on Sept. 24 to reply for the cost and MacGregor stated her lawyer will doubtless have an opportunity to talk with the Crown lawyer earlier than then.
He stated the Crown lawyer might use their discretion and supply Washik a decision, nonetheless, it could require her taking duty for the incident.
“[The Crown] is not supposed to adjudicate the situation either, right? And at this point they have one aggrieved person, the guy who said, ‘Well, she hit me intentionally with a gun.’ She’s got a defence, but it still may warrant a trial. It’s an unfortunate waste of resources, but you know, the justice system is to serve everyone,” MacGregor defined.
Ontario Chronicle Kitchener tried to talk with the neighbour who reported the incident to the police however he didn’t look like house on the time.
For the OPP’s half, it stated it’s dedicated to sustaining excessive requirements of their investigative work, “regardless of how the public may perceive the allocation of resources.”
Washik stated she hopes the matter is resolved earlier than Sept. 24. Her daughter has since began a GoFundMe marketing campaign to cowl her authorized bills.
“I am hoping and praying that it goes my way,” she stated.
With recordsdata from Ontario Chronicle Kitchener’s Jeff Pickel
