EXCESSIVE FORCE

Witnesses testified they saw Murray James Todd with his hands around woman’s throat

Witnesses in P.E.I. provincial court trial testified they saw Murray James Todd with his hands around woman’s throat

A Charlottetown man, who two witnesses said they saw choking his girlfriend in an apartment building staircase, was found guilty of assault Tuesday in provincial court.

Murray James Todd, 28, appeared before Chief Judge Nancy Orr in Charlottetown for a trial that saw the victim testify for the defence and deny the assault.

During the trial, two of Todd’s neighbours testified they heard yelling early one morning in June.

Both witnesses said they saw the accused with his hands around the woman’s neck on a staircase landing.

The female witness said the victim’s face was purple and her lip was bleeding.

“She looked pretty rough.” The male witness said he shoved Todd to get him off the victim, but she went over with him because Todd’s hands were still around her neck.

A Charlottetown police officer also testified he saw cuts on the victim’s lip and head and bruises on her neck.

The Crown didn’t call the victim to testify, but the defence did and while on the stand she denied Todd tried to choke her.

During her testimony, the victim said Todd kicked her out of their apartment after she drank too much, got in a fight with a friend who was there and verbally abused Todd.

He told her to go about 10 times and she started rolling around on the ground outside, the victim said.

She also testified Todd took her to the ground, put his hands on her shoulders to calm her down and was trying to cover her mouth with his hand. “He never hurt me,” she said. The victim said the red marks the police officer saw on her neck were from a rash.

Todd testified he tried to cover the victim’s mouth to keep her quiet.

He also described her as being out of control and said his hands were never around her throat.

In finding Todd guilty, Orr said the victim might have been obnoxious and loud, but his actions were excessive.

“The force that he used was excessive,” Orr said.

Todd will be back in court

Oct. 4 for sentencing.