Winnipeg teen found not guilty in random beating death

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This article was published 01/07/2010 (5819 days ago), so information in it may no longer be current.

WINNIPEG – A Winnipeg teen has been found not guilty of participating in the random beating death of a stranger on the street.

Jurors spent two days deliberating before reaching their verdict late Wednesday night. The 19-year-old accused – who can’t be named because he was only 15 at the time of the October 2006 slaying – pleaded not guilty to second-degree murder when his trial began in early June.

The Crown was expected to seek an adult sentence against the man if he was convicted.

Audrey Cooper, 34, was the victim of what police described as one of the city’s worst attacks in years. She suffered 64 separate injuries, inluding seven broken ribs, a lacerated liver, swelling that shut both of her eyes and bleeding on the brain. She was also stripped naked and left to die outside of the Spence Street rooming house where she lived.

Cooper didn’t know her killers, who jumped her after she refused their request for a cigarette, court was told.

Three young girls – aged 12, 14 and 14 – previously admitted to their roles in the killing. The youngest girl struck a deal with justice officials to plead guilty to a reduced charge of manslaughter in exchange for her testimony against the young man. She was given the maximum youth sentence of two years custody and one year of community supervision.

The two other girls pleaded guilty to second-degree murder and were given the maximum youth sentence of four years of custody and three years of community supervision.

Crown attorney Ami Kotler told jurors in closing arguments last week they should have no trouble finding the man guilty. He previously admitted to police he "punched" Cooper, while other witnesses have described him as also joining in on the kicking and stomping of the unconscious woman.

The most damning evidence came from the youngest killer, who testified last week how the man on trial urinated on Cooper’s body before fleeing the scene. Kotler said the fact police found a pool of urine at the crime scene proves the girl is telling the truth.

However, defence lawyer Ian Histed accused the Crown’s key witness of exaggerating his client’s involvement in order to escape prosecution on the more serious murder charge. She denied the suggestion while being cross-examined. Histed didn’t deny the young man was present when the attack began but claimed he was just an innocent observer.

Jurors were clearly having difficulty with her evidence, which they asked to review Wednesday afternoon while in the midst of deliberations. They also asked Queen’s Bench Justice Holly Beard to give them further details on the meaning of "reasonable doubt", which the Crown is tasked with proving in order to secure a conviction.

mike.mcintyre@freepress.mb.ca