Arson charge stayed for accused in apartment building fire trial

But Judge Michelle Baldwin did not accept that Crookedneck was a hostile witness, as the Crown suggested, and denied Bartlett’s application to cross-examine him.

“It is not clear to me that Mr. Crookedneck’s intention was to thwart the Crown’s case,” Baldwin said. “His loss of memory may be feigned but that is not obvious. He gave some evidence of the events. I have no prior statements to compare to. He did not refuse to answer questions, and when he did say he could not remember details he attempted to explain his lack of memory indicating that he was extremely intoxicated at the time and had been for some time prior to the event.”

The judge added that Crookedneck’s manner on the witness stand was not intractable, and he appeared to attempt to answer the Crown’s questions.

Baldwin said there is no evidence that Crookedneck showed animus or ill will towards the Crown during his testimony at the trial.

After hearing the judge’s response, Bartlett said that about a dozen of the witnesses were missing for the trial, four of whom were essential to the case for the Crown.

“Given the evidence from Mr. Crookedneck, I am satisfied that even if those four witnesses were present and even if they testify substantially in accordance to what they told the police, given the prior evidence we heard in the case…, I don’t see their evidence will get me over the threshold of a reasonable doubt [to prove the Crown’s case against Yellowtail],” Bartlett said.

As a result, Bartlett said the Crown would be entering a stay of proceedings on Yellowtail’s arson charge.

Judge Michelle Baldwin accepted the stay in the arson charge.

The co-accused in the January 2022 apartment fire case, Keeanu Crookedneck, was previously sentenced to three years in prison on Sept. 30, 2022, after he pleaded guilty to arson with disregard for human life.

According to prior reports, in total up to around 40 adults and up to 10 children were displaced as a result of the fire that destroyed the apartment building. The building’s residents were successfully evacuated. Seventeen residents and six emergency responders were transported to hospital and were later released.

Following court Thursday, Defence lawyer Michael Nolin related the Crown stayed the arson charge against Yellowtail because they no longer believed they could achieve proof beyond a reasonable doubt.

“I think this is probably the best result at this time, given the frailties of the Crown’s case,” he said. “The Crown acknowledged the difficulty they had with the divergent statements from the various witnesses – on who did what, when or where. It was never very clear whether or not Yellowtail was even there that day. And it was our position that she wasn’t.”

Nolin went on to say that the court heard “precious little evidence this week about her [Yellowtail’s] whereabouts.”

“The witnesses that were there on the night of the fire had all said they hadn’t seen her for at least a week prior to the fire,” he said. “One in fact said it was two weeks before the fire. So we think this is probably the best result, that the Crown abandons going any further.”

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Angela.Brown@pattisonmedia.com

On Twitter: @battlefordsnow

by Angela Brown

Arson charge stayed for accused in apartment building fire trial

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