A man who was found guilty of aggravated assault after a woman was attacked with a metal bar in March 2017 has filed a notice of appeal.
In a court document dated Dec. 4, Jared Matthew Eliasson explained he is appealing his aggravated assault, possession of a weapon and mischief convictions.
The document shows he’s appealing on grounds that the trial judge “erred declining to admit fresh evidence… erred in law by failing to declare a mistrial… erred in using disbelieved evidence as positive evidence of the appellant’s guilt” and that the “verdict was unreasonable.”
He is also seeking bail pending appeal and is scheduled to appear before a single Court of Appeal Justice on Dec. 19.
He was originally charged with attempted murder, aggravated assault, possessing a dangerous weapon and mischief to a vehicle. He pleaded not guilty to all four counts.
In his April 12 decision, the judge said the Crown in the case did not prove that the attack was attempted murder, and as a result, Eliasson found not guilty of the more serious charge.
Eliasson is scheduled to be sentenced on Dec. 18.
On March 7, 2017, Chelsey Schendzielorz was attacked in what police described as a “vicious road rage” incident outside her vehicle in southeast Edmonton.
According to an agreed statement of facts, the accused stopped the Pontiac Wave he was driving at 87 Street and 76 Avenue sometime before 7 a.m. The victim drove up behind him and honked her horn several times and yelled: “move.”
The agreed statement of facts says the accused looked over his shoulder and drove his vehicle forward. The victim drove past and drove to her home several blocks away.
She was struck twice with a metal bar as she stood outside her vehicle. She put her arms up to protect her head and both arms were broken. Court documents stated Schendzielorz suffered “significant injuries in the course of the assault” and “required multiple surgeries, including the insertion of metal plates into her arms.”
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