Why prosecutors wanted a Vernon man found guilty for a stabbing they knew he didn’t do

A Vernon man, who was charged with aiding and abetting a stabbing that caused serious life-threatening injuries, has been found not guilty of aggravated assault after he proved he only punched the victim and had no part in the knife attack.

There was no dispute that Jonathan Rielly Brewer did not stab Nicholas Cancellieri outside a Vernon convenience store in February 2024. Still, Crown prosecutors argued his participation in the assault rendered him liable as a co-perpetrator.

However, Justice Sandra Sukstorf didn’t agree, saying the evidence didn’t show joint participation in the attack.

“There is no basis to conclude that Mr. Brewer’s conduct facilitated the stabbing, diverted Mr. Cancellieri’s attention, or otherwise made its commission more likely… the stabbing is equally explicable as an independent act by Mr. Luke,” Justice Sukstorf said in a June 9 decision.

The decision says the incident took place outside Blue Moon Esso in Vernon shortly after 7 a.m. in February 2024.

The victim, Cancellieri, was with Gabriel Luke, who’s also known as “Lucky” or “Gibby,” and Brewer at the gas station that morning.

Luke bought Cancellieri and Brewer a coffee, and CCTV showed the three men and two unidentified women leaving the store and walking towards the Upper Room Mission.

“Within a short period, what appeared to be a casual interaction in the parking lot escalated into violence,” the Justice said. “Mr. Cancellieri testified that he was struck from behind by Mr. Luke, which he initially described as a sudden and unexpected ‘sucker punch.’ The surveillance video shows Mr. Luke approaching from behind and making a striking motion. After reviewing the footage, Mr. Cancellieri acknowledged that he may have been mistaken and that the initial contact may instead have been a stabbing.”

The confrontation escalated, and Brewer got into a struggle with Cancellieri.

Luke again stabbed Cancellieri.

“He described feeling multiple stab wounds and attempting to flee toward the Upper Room Mission, where he had been living at the time,” the Justice said. “He stated that his breathing became increasingly laboured, which he attributed to blood filling his lungs, and that he focused on reaching safety rather than continuing the confrontation.”

He managed to get to the Upper Room Mission in a “disoriented and in a diminished state,” and staff called 911. He was later found to have five stab wounds.

While CCTV captured Luke stabbing Cancellieri, Crown prosecutors argued Brewer should also be held liable.

“Where multiple individuals participate in an assault, their conduct may constitute a single transaction if there is a… substantive connection,” the Justice said. “Liability may extend to all participants regardless of who inflicted the decisive injury or whether the precise escalation was foreseen. The issue is whether the accused participated in a continuous course of unlawful violence.”

The case went to a five-day trial, where Brewer testified he hit Cancellieri “a couple of times” but didn’t aid or abet the stabbing.

The Crown argued Brewer knew Luke possessed a knife and had a prior “beef” with Cancellieri and assisted or encouraged the stabbing.

However, the Justice wasn’t swayed.

“There is no basis to conclude that Mr. Brewer’s conduct facilitated the stabbing, diverted Mr. Cancellieri’s attention, or otherwise made its commission more likely,” the Justice said. “The altercation between Mr. Brewer and Mr. Cancellieri was brief, limited, and did not result in restraint, incapacitation, or vulnerability that materially contributed to the stabbing. Mr. Cancellieri remained mobile, and Mr. Brewer’s involvement had effectively ended by the time Mr. Luke re‑engaged.”

The Justice said the men’s interactions before the violence were amicable, and there was no indication of coordination or escalating hostility.

“I am not satisfied that Mr. Brewer knew that Mr. Luke intended to commit a stabbing,” the Justice said.

Ultimately, Brewer was not guilty of aggravated assault, but guilty of assault.

He will be sentenced at a later date.

It’s unclear what the status of Luke’s criminal proceeding is.