A provincial court judge ruled a 51-year-old man was not guilty of uttering a threat and possessing a weapon for a dangerous purpose.
Judge Robert Brown, in his Wednesday, Feb. 26 oral judgment, decided the Crown had not proven the charges against Neil Arthur Horning McKay beyond a reasonable doubt.
“I find I do not know who to believe, with respect to the events that occurred between the accused and the teenagers,” Brown said.
The charges date back to October 2023, when Prince George RCMP arrested McKay after an incident in College Heights.
He testified that he had been out for a walk for 10 minutes when he observed three teenagers appearing to wrestle each other.
When he walked by the group, he suggested the larger two “watch out for the little guy.” One of the three told him to shut his mouth or he would regret it, but McKay testified that he said “I'm an adult, I'll say what I want.”
He told the court in his defence that two of the teens taunted him and followed him for 20 to 30 metres. He then threatened to kick them in the testicles if they continued. They eventually retreated, but one of them called a relative and alleged he had been threatened by a man with a knife. That person called police, but the officer that arrived and arrested McKay did not find a knife in his possession.
Brown said the object could instead have been a pencil-shaped vaping device with a golden-colour top. The accused testified that he had such a device in his hand, which measured three-to-five inches in length, although Brown said the evidence was unclear about when he held that device.
The most aggressive of the three complainants, whose identities are covered by a publication ban, denied taunting the accused or challenging him to a fight.
Brown said that the accused’s words “if you keep following me, I'll kick you in the testicles,” were a declaration that he would defend himself if attacked.
Court heard testimony from five witnesses and the accused during a trial that took place Feb. 11-12 and 14 in Prince George.
