Road-rage mistrial application dismissed

An Edmonton man convicted of breaking a woman’s arms in a road rage-fuelled assault will be sentenced in December after his mistrial application was dismissed Friday.

Jared Eliasson was found guilty this past April of a road-rage fuelled assault on March 7, 2017, that left Chelsey Schendzielorz needing multiple surgeries on her arms.

After a trial focusing on proving the identity of the attacker, Court of Queen’s Bench Justice Adam Germain found there was no other possible explanation other than Eliasson was the guilty party. Eliasson was convicted of aggravated assault, possession of a weapon and damage to property.

On Friday, Germain dismissed an application by Eliasson to vacate those convictions and reopen the trial to call Dr. Richard Mcleod, the orthopedic surgeon who operated on Schendzielorz’s broken arms, as an expert witness, or to alternatively have the court order a mistrial.

“The defence has not convinced me this is a case we should set aside,” said Germain. “There was no miscarriage of justice.”

Germain said the new evidence would not be enough to outweigh evidence — such as dashcam video and audio and damage to Schiendzielorz’s vehicle — already heard during trial and change previous rulings in the case.

Eliasson’s application argued X-rays showing the injuries to Schendzielorz’s arms and wrists alongside an opinion letter from Mcleod raises new questions around the case. The opinion letter states the injury to Schendzielorz’s left arm was “most definitely” due to a fall on an outstretched hand and the injury to her right arm was “most likely” due to a fall on an outstretched hand. Germain said the cause of Schendzielorz’s injuries was not a contested factor during the trial after an agreed statement of facts stated the injuries were caused by an attack.

Before the decision, Eliasson’s defence argued their position has always been that Eliasson did not commit the assault and the new evidence would further support that argument.

The defence also argued the new evidence could have led a judge to believe Schendzielorz was not a credible witness.

Eliasson is now scheduled to be in court for sentencing on Dec. 18. He will be allowed to remain in the community until then.