A shooting in Winnipeg left a woman with life-altering injuries over the weekend, and while the accused — her boyfriend — was arrested, he faces an aggravated assault charge, not something more serious.
A local criminal defence lawyer says intent is the key factor when it comes to charging a suspect with a higher charge, like attempted murder, and it’s often an uphill battle for prosecutors.
Scott Newman told Global Winnipeg that getting a conviction for attempted murder is often hampered by the difficulty of proving what a suspect was thinking.
“It can be very hard to prove intent — we’re not mind-readers,” Newman said.
“Nobody can look inside people’s hearts and know what they were thinking at the time that offence occurred.”
The main difference between aggravated assault and attempted murder, he said, is that with an assault, the suspect intended to hurt the victim, and they were badly hurt. Attempted murder is when the suspect tries to kill the victim, but the person survives.
In order to get a conviction, he said, direct evidence — like a confession — is needed, or indirect evidence, like the circumstances of the offence.
“The classic example is if you shoot somebody in the head at close range with a firearm, it’s pretty hard to argue you weren’t trying to kill them.
“Everybody knows that’s the kind of thing that could lead to death.”
The shooting, which put the 25-year-old woman in hospital in critical condition, occurred at the beginning of Domestic Violence Awareness Month, which Winnipeg police say can include physical violence, threats of violence, and/or emotional and psychological abuse, and can be a single incident or recurring behaviour.
The incident took place at a Wellington Crescent apartment early Sunday morning after an argument broke out between the couple and the suspect allegedly drew a handgun, hitting the victim at close range, police said.
She managed to escape and flag down paramedics who were in the area, who gave her emergency care and rushed her to hospital.
Police continue to investigate and said Wednesday they are looking for information about a vehicle the suspect, 28, was allegedly driving immediately after the shooting.
The vehicle, a red 2019 KIA Sportage, was abandoned outside the city, near Deacons Road and the Trans-Canada Highway, police said, but may have been driving on service roads and municipal roads in southeast Manitoba before being ditched.
The four-door vehicle, police said, has a distinctive black decal along the front and rear doors.
Anyone with information, including security or dashcam video of the vehicle, is asked to call major crimes investigators at 204-986-6219 or Crime Stoppers anonymously at 204-786-TIPS (8477).