Man accused in hammer attack granted bail

A Brandon man accused of hitting his roommate in the head with a hammer, leaving him with a laceration to his head, was granted bail in Brandon provincial court on Thursday.

“The allegations are serious. Attacking somebody with a hammer and causing some serious injuries is obviously concerning, but I have to also consider the fact that he has no criminal record, so he has no history of criminal involvement,” Judge Donovan Dvorak said.

Arnaud Matabalo, 31, faces a single count of assault with a weapon.

Crown attorney Sarah Kok opposed Matabalo’s release on the grounds that he would be a risk to the public and read the allegations that brought Matabalo to court.

On Nov. 8, a woman called Brandon Police Service just after 4 a.m. and said two of her roommates were fighting.

When police arrived at the residence on 30th Street, they spoke with the accused, who said his roommate was in the basement, Kok said.

While walking through the residence to the basement, police saw “large trails of blood” leading to the basement, and at the top of the stairs, there was a large hammer. Police found the roommate in the basement with visible injuries, she said.

“He has significant swelling to his face as well as a large laceration to his head that was covered in blood,” Kok said.

The man alleged Matabalo struck him in the head with a hammer, and when officers went back upstairs and arrested Matabalo, they noticed he had “blood stains all over his shirt,” Kok said.

Emergency medical services transported the other man to the hospital, and staff told officers that they didn’t feel it was safe for him to provide a comment at that time because of the cut on his head, the court heard.

When Matabalo spoke to police, Kok said he claimed his roommate came into his room and attacked him with the hammer.

Kok acknowledged that the Crown has limited information at this point and that there may be triable issues. However, she said the fact that the accused had blood on his shirt, that there was a trail of blood and a hammer indicates that the Crown has a relatively strong case.

“This is an extremely serious incident. We don’t know what the extent of (his) injuries are at this point, but obviously any kind of blow to the head is extremely serious,” Kok said.

Defence lawyer Dule Vicovac II emphasized that Matabalo has no criminal record or any prior criminal involvement. He said Matabalo has more at jeopardy than being charged since he is a permanent resident and not a Canadian citizen.

Vicovac said Matabalo is from the Democratic Republic of Congo and moved to Brandon several years ago. Since then, his parents have moved to Brandon, and he has established a life in the city.

“He appreciates the very idea of what can happen as a result of these charges, including removal from Canada.”

He said there are “clear disputes” about what happened that day and there are several triable issues.

“There is a genuine issue here of who the aggressor was and who was defending themselves,” he said. “My client instructed he was not the initial aggressor … He denied the allegations as presented and plans to vigorously contest it.”

Vicovac said he didn’t think more custody was necessary and that his bail plan would address the Crown’s concerns.

He said Matabalo would reside with his parents in Brandon and included conditions that he does not attend his former residence and that he does not contact either of his former roommates.

Dvorak said without a criminal record or criminal involvement, there’s nothing showing him that the accused is likely to reoffend. He released Matabalo on a $2,000 promise to pay along with the residence and no-contact conditions.

» sanderson@brandonsun.com