A Simcoe, Ont. woman is facing an assault with a weapon charge after she said that she accidentally sprayed her neighbour with a water gun over the Labour Day weekend, a situation that at least one legal expert says amounts to an "unfortunate waste of resources."
Wendy Washik was at a neighbourhood barbecue on Sept. 1 when she joined a playful water gun fight with one of her neighbour’s children. As the 58-year-old educational assistant was chasing the child to the front of the home, she said she accidentally sprayed another neighbour with water.
“I just kept apologizing and apologizing,” she told CTV News Toronto in an interview on Wednesday, adding that the neighbour began “screaming” at her following the incident.
Washik said the neighbour called police and officers arrived at the scene a short time later and charged her with assault with a weapon. She claims police spoke to the neighbour who made the call but asked no one else questions about the incident.
“I was in shock. I just couldn't believe it. I kept saying to the police officer, 'It was a water gun. I didn't do it intentionally. I was having a water gun fight!' I just couldn't believe it,” Washik, who says she does not have a criminal record, recalled.
According to an Ontario Provincial Police (OPP) news release issued on Sept. 3, a Norfolk County officer was called to the Woodway Trail home for a report of a neighbour dispute which resulted in the victim being physically assaulted. No injuries were reported.
Washik’s full name, age and area of residence were included in the news release announcing the assault with a weapon charge against her but a description of the type of weapon used was not.
Washik said her school board has placed her on leave pending the resolution of the court proceedings.
“I've been very stressed, mentally and financially stressed. My family has been through a lot too,” she said.
'Anything can qualify as a weapon': Toronto criminal defence lawyer
Although Washik says she still can’t believe she is facing an assault with a weapon charge, one Toronto criminal defence lawyer said “anything” can qualify as a weapon.
“Frankly, a pencil, a knife, picture frame…it depends upon how the object is utilized that determines whether or not it's a weapon. So, the water gun can be qualified as a weapon as a result,” Monte MacGregor, who is not involved in the case, told CTV News Toronto in an interview. “And assault is where you touch someone or threaten to touch them in a manner without their consent, right?”
MacGregor said police do have a certain discretion to determine whether or not a charge should be laid and whether or not they have reasonable and probable grounds to believe that an offence has been committed.
“Am I surprised that the charge has been laid? No. But do I recognize that it's an unfortunate and almost meaningless waste of resources? Yes, because they didn't interview her, right?” he said.
CTV News Kitchener reached out to Norfolk County OPP for comment on the investigation. In a statement, the OPP declined to comment on the specifics of the incident but said that details about the weapon involved are considered part of the investigation and not “generally” shared with the public.
How could things play out in court?
Washik is due in court on Sept. 24 to answer for the charge and MacGregor said her lawyer will likely have a chance to speak with the Crown attorney before then.
He said the Crown attorney may use their discretion and offer Washik a resolution, however, it may require her taking responsibility for the incident.
“[The Crown] is not supposed to adjudicate the situation either, right? And at this point they have one aggrieved person, the guy who said, ‘Well, she hit me intentionally with a gun.’ She's got a defence, but it still may warrant a trial. It’s an unfortunate waste of resources, but you know, the justice system is to serve everyone,” MacGregor explained.
CTV News Kitchener attempted to speak with the neighbour who reported the incident to the police but he did not appear to be home at the time.
For the OPP’s part, it said it is committed to maintaining high standards in their investigative work, “regardless of how the public may perceive the allocation of resources.”
Washik said she hopes the matter is resolved before Sept. 24. Her daughter has since started a GoFundMe campaign to cover her legal expenses.
“I am hoping and praying that it goes my way,” she said.
With files from CTV News Kitchener's Jeff Pickel
