Judge reviewing case of alleged intent to commit assault

Published on July 17, 2014

PICTOU – The outcome of a New Glasgow man’s home invasion trial weighs heavily on whether he was invited into a Trenton home in March 2013.

The two-day trial for Robert Douglas MacInnis wrapped up Thursday with Crown attorney Bill Gorman arguing the accused barged into the home of Brent Falconer on March 4, 2013, without being invited while defence lawyer Joel Pink contends that his client did have permission from the homeowner to be inside the mobile home.

“There are three guys at his door and two of them have something in their hand,” said Gorman in his summary of the case. “They say they want to talk to Brent and want him outside. How probable is it that a general invitation was extended to three relative strangers to enter the house?”

MacInnis is charged with break-and-enter into a dwelling house with intent to commit assault. He entered guilty pleas to two mischief charges in connection to incidents on the same night that included damage to a vehicle and damage in Falconer’s home. Corey Caverley and Frank Crooks are charged with similar offences while a fourth man, Micah Osborne, was recently found guilty of mischief in connection to the incident.

Crown testimony was heard from Caverley, Crooks and Osborne, who were with MacInnis on the evening of March 4, 2013, as well as the homeowner, Falconer, who said he didn’t invite the men into his home and that his door was damaged during the incident by someone kicking it in.

Gorman introduced evidence photos of the damage done at Falconer’s home, including a broken door jamb and a photo that resembled a shoeprint on the door, but Pink said the Crown has not proven when the door was damaged or who the shoeprint belonged to.

MacInnis took the stand in his own defence admitting that he and three of his four friends were drinking heavily that evening and planned to pay a visit to Falconer after hearing of rumours of him being with MacInnis’s girlfriend.

He also acknowledged that he knocked on Falconer’s door and had a bat in his hand, but he denied kicking the door open or entering the home without permission from Falconer.

He said another young man opened the door to Falconer’s home and he asked to speak to Falconer, but he denied testimony from other witnesses that said he invited Falconer outside.

“I knocked three or four times and Corey Keating opened the door and I asked for Brent,” he said during his testimony. “Keating looked over at Brent and Brent said, ‘let them in.’ I came in and started hitting things on the coffee table with the baseball bat and I was screaming at him to stay away from my girlfriend.”

He said he and his brother, Corey Caverley, left the home a few minutes later, but he knocked out Falconer’s outside light on his way out and they left the property in Osborne’s car.

Pictou Provincial Court Judge Del Atwood reserved his decision in the case until July 31 so he would have time to review the evidence.