Man found not guilty in Penticton swarming assault

PENTICTON – A Penticton man facing assault charges in the swarming attack on two men in 2017 was found not guilty in court today.

Judge Michelle Daneliuk found Zachary James Kameron Eden-Burke, born in 1996, not guilty of assault with a weapon and assault causing bodily harm in Penticton court today, March 15.

The charges stemmed from an incident that occurred around 12:30 a.m. on Feb.18, 2017, when Eden-Burke was alleged part of a group of youths that assaulted two patrons who had just left The Mule nightclub in Penticton. The two victims were allegedly chased by a group of youths who swarmed them.

Eden-Burke was alleged to have struck one of the victims repeatedly with a piece of pipe before the nightclub's security staff were able to break up the fight. One of the victims suffered severe injuries to his right shoulder, ankle and foot in the incident, requiring surgery to repair his foot after it was broken in four places.

Daneliuk’s decision today, followed trial proceedings that took place between October, 2018 and January, 2019, in which five witnesses were called.

Daneliuk concluded there were inconsistencies in the testimonies of those who witnessed the incident, particularly that of two Mule security staff. She said the two Mule staffers testimony contained “glaring contradictions.” She said none of those who testified could conclusively say Eden-Burke was the man who struck the victim.

Daneliuk also noted one of the security workers had myopia and wasn’t wearing glasses that night, in addition to insisting the altercation had taken place around 3:45 a.m., when all other evidence, including that of attending police, differed.

The judge said testimony also revealed the two victims, who were moderately drunk at the time, could not say with certainty who it was that delivered the injurious blows.

“Essentially I have concluded that I am not certain whose evidence to believe on the issue of identity (of Mr. Eden-Burke) and accordingly, I find the Crown has failed to prove beyond reasonable doubt the identity of Mr. Eden-Burke as one of the individuals who assaulted (the victim) therefore, I find him not guilty,” Daneliuk said.

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