Assault didn't cause man's death near Yellowknife shelter, alcohol poisoning did, court finds
CBC
A Whatì, N.W.T., man initially accused of murder was sentenced for assault causing bodily harm after the court found the death was caused by alcohol poisoning, and not physical violence, said the Crown prosecutor.
Morin Lee Nitsiza was initially charged with murder in the death of Jerry Akoak, after Akoak was found dead near the combined day shelter and sobering centre on 50th Street in Yellowknife.
Nitsiza's charge was later reduced to manslaughter, and then to assault causing bodily harm, said prosecutor Brendan Green.
Green told CBC News that video evidence led the Crown to conclude they couldn't prove the intent that is required for a murder charge.
"It was clear enough that [Nitsiza] had assaulted Mr. Akoak, but there's nothing in the assault that suggested that he had intended to kill him," said Green.
This resulted in a lesser charge of manslaughter.
The decision to change the charge again, to assault causing bodily harm, was based on a report from the territory's medical examiner that determined Akoak died of "acute alcohol toxicity," or alcohol poisoning, and not as a result of the assault, said Green.
This story is a collaboration between the Investigative Journalism Foundation and CBC Saskatchewan.
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