Man acquitted in Cole Harbour home invasion that left woman paralyzed

A Nova Scotia judge has acquitted Markel Jason Downey of all 28 charges he faced related toa 2014 home invasion and shootingthat left a woman paralyzed.

Members of Downey's family whooped asthe ruling was delivered Tuesday in a Halifax courtroom. Downey left court a free man shortly after.

He was accused of being one of four masked men who burst into aCole Harbour home in November 2014.Charges against himincluded three counts of attempted murder.

Ashley MacLean Kearse was shot during the homeinvasionand remainsparalyzed from the waist down. Two others were also wounded.

Victim's testimony not enough

Kearse was the only witness at the trial to identify Downey as the gunman.

Nova Scotia Supreme Court Justice Michael Wood said Tuesday hertestimony was not sufficient on its own to convict him.

The judge said a particle of gunshot residue found on Downey's right hand after he was arrested could have come from sources other than firing a gun, such as from the arresting officers.

"This was a case where we only ever had one witness who was able to identify Mr. Downey," Crown prosecutor James Giacomantonio said outside court moments after the decision.

"But we thought she was credible and reliable, and the court relied on jurisprudence that says that eyewitness identification is fraught with frailties and there are mistakes in these kinds of cases."

No proof beyond a reasonable doubt

Kearse's testimony was key to the Crown's case as identity was the central issue in Downey's trial. Wood said he believed Kearse was honest, but her identification of Downey as the gunman was not proved beyond a reasonable doubt.

"The conditions were not optimal for making an identification," said Pat MacEwan, Downey's lawyer.

"It was a charged atmosphere and there were certain aspects of her evidence that were proved to be mistaken."

Downey was the only suspect old enough to face an adult trial.