Drug charges stayed after accused suffers severe injuries in October home invasion

Injuries sustained by the victim of an October home invasion have been deemed so severe that the Federal Crown has issued a stay of proceedings for drug-related charges the victim also faces.

The 60-year-old man was a victim of a “quite vicious assault,” said a Federal Crown prosecutor, who brought forward the multiple informations Tuesday at the Medicine Hat Provincial Court. In speaking with defence counsel, medical assessments done of the man show he now has a neuro-cognitive disorder, and is so injured he can’t make legal decisions.

A 37-year-old Hatter was arrested Nov. 10 by city police after the execution of two search warrants in connection to the Oct. 28 home invasion on Southview Drive.

Darren George Brooks was charged with break and enter, aggravated assault, uttering threats, unauthorized possession of a firearm and unsafe storage of a firearm.

Brooks was released on $3,000 cash bail with standard release conditions, as well as a daily curfew from 10p.m. to 6 a.m., and the requirement to maintain employment.

At a court appearance Wednesday, local defence lawyer Lyndon Heidinger, requesting an adjournment until Jan. 13 for the accused.

No pleas have been entered, but Heidinger told the court that a multi-day trial is expected, and discussions are underway with the trial co-ordinator to select a date.

The victim of the home invasion was identified by the courts as John Mueller.

Mueller has been before the court throughout 2017 facing multiple drug-related charges.

He was arrested in March following an investigation by Medicine Hat police’s organized crime team of a residence and vehicle on the 1100 block of Dominion Street where a loaded shotgun, ammunition, body armor, approximately $4,000 in methamphetamine, heroin, fentanyl and drug money was seized. This led to charges of trafficking meth, possessing heroin for the purpose of trafficking, fentanyl possession, possessing proceeds of crime and unauthorized possession of identification.

In August, defence counsel for Mueller elected for the case to be tried by a Queen’s Court judge with a preliminary inquiry.

In July, Mueller pled down from possessiong heroin for the purpose of drug-trafficking to simple possession from an April arrest, receiving a 45-day sentence.