Charges have been withdrawn against an Ontario man accused of assaulting an alleged home intruder last August in a case that attracted significant political attention.
Kawartha police reported at the time that the man woke up in his Lindsay apartment in the middle of the night on Aug. 18 to find an intruder.
They said an altercation left the intruder seriously injured and requiring hospitalization.
The resident, Jeremy David McDonald, was charged with aggravated assault and assault with a weapon after he confronted Michael Kyle Breen, who allegedly carried a crossbow as he broke into the apartment.
Breen was charged with possession of a weapon for a dangerous purpose, break and enter and theft, mischief under $5,000 and failing to comply with probation.
The case generated widespread interest, with Ontario Premier Doug Ford saying the decision to charge the apartment resident showed “something is broken.”
The Crown said Thursday morning that police had “reasonable and probable grounds” to arrest and charge McDonald at the time of the incident, but it has reviewed additional evidence in the case and requirements for self-defence under the Criminal Code.
“In the specific circumstances of this case, the Crown has concluded that there is evidence supporting this defence, such that there is no longer a reasonable prospect of conviction,” the Crown prosecutor said in a Lindsay courtroom Thursday.
Kawartha Lakes Police Chief Kirk Robertson has previously said he recognizes the incident generated significant public interest and “emotional” responses, but he called some of the reaction “unjust and inaccurate.”
Robertson said in a statement last August that individuals have the right to defend themselves and their property, but the law requires that any defensive action be proportionate to the threat faced.
“This means that while homeowners do have the right to protect themselves and their property, the use of force must be reasonable given the circumstances,” he wrote.
