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Manslaughter charge dropped

City shopkeeper allegedly killed thieving customer

By: Mike McIntyre and Gabrielle Giroday

Posted: 10/19/2011 1:00 AM | Comments: 0 (including replies)

The Okay Groceries store at Sherbrook Street and Alexander Avenue.

Justice officials have dropped a manslaughter case against a Winnipeg shopkeeper who allegedly killed a customer he caught stealing a can of luncheon meat.

Kwang Soo Kim, 64, appeared in court Tuesday expecting to begin a preliminary hearing for the September 2009 case that made national headlines. Instead, he walked out a free man following the Crown's surprise decision to pull the plug.

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Kwang Soo Kim of Okay Groceries in September 2009. (GORDON SINCLAIR JR. / WINNIPEG FREE PRESS ARCHIVES)

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Geraldine Beardy died five days after being attacked. ( )

Geraldine Beardy, 29, was critically injured after police say she was beaten at Okay Groceries at the corner of Sherbrook Street and Alexander Avenue. Police said she was hit in the upper body with a weapon and fell down to the ground before getting up and fleeing to a nearby home. She died from her injuries five days later in hospital.

Crown attorney Brian Bell told court Tuesday his key witness has fled the jurisdiction to avoid criminal charges of his own and is believed to be living in the United States. The man, identified in court as "Mr. Abbott," apparently saw the altercation between Kim and Beardy. Without him, Bell said the Crown has no case and little choice but to enter a stay of proceedings.

"He hasn't been served and is apparently refusing to return to Canada to testify in this matter," said Bell. The Crown has one year to reinstate a criminal charge and Bell made clear it will do that "should he re-enter the jurisdiction."

Kim's lawyer, Evan Roitenberg, said such a move would be vigorously fought and amount to an "abuse of process."

"He's had the spectre of this offence hanging over his head for two years," Roitenberg told court. He added there's "no reasonable likelihood" the witness will return to Canada.

Kim is originally from Korea and his grasp of English is poor. He previously told the Free Press he was perturbed by the allegations. Kim wasn't at Okay Groceries Tuesday afternoon. A man working behind the counter of the small grocery store identified himself as the man's son.

"My dad just prefers to let this go quietly," he said. Kim has been free on bail without incident since his arrest.

David Harper, Grand Chief of Manitoba Keewatinowi Okimakanak and Beardy's cousin, said he was shocked to learn from a Free Press reporter Tuesday that the charge had been dropped.

He alleges the justice system has "always failed the aboriginal community."

"It was over a can of Klik," he said. "We don't condone people stealing from off the shelves, (but) we're pretty sure that there was no threat to the man where this took place."

Harper said he intended to follow up with the provincial justice minister and that this case highlighted the issue of murdered and missing women.

"We hope that the justice system will improve for the betterment of our communities," he said.

"This is one example that our women are not protected, even in the justice system."

Beardy was apparently stealing the can of meat to feed to her hungry, homeless friends, according to family members. She lived in Garden Hill but had come to Winnipeg for medical treatment.

Beardy died almost two weeks after witnessing another tragedy that shocked Winnipeg -- the second time Faron Hall, the man dubbed the Homeless Hero, tried to prevent an accidental drowning in the Red River.

Beardy is survived by two young children who are being raised by other family members.

www.mikeoncrime.com gabrielle.giroday@freepress.mb.ca

Republished from the Winnipeg Free Press print edition October 19, 2011 A3

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