'An unfortunate waste of resources': Ontario woman facing criminal charge following water gun incident
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.
Wendy Washik was criminally charged after she said she accidentally sprayed her neighbour with a water gun, similar to the two seen in this image. (CTV News Kitchener/Jeff Pickel)
“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
CTVNews.ca Top Stories
opinion Tom Mulcair: Prime Minister Justin Trudeau's train wreck of a final act
In his latest column for CTVNews.ca, former NDP leader and political analyst Tom Mulcair puts a spotlight on the 'spectacular failure' of Prime Minister Justin Trudeau's final act on the political stage.
B.C. mayor gets calls from across Canada about 'crazy' plan to recruit doctors
A British Columbia community's "out-of-the-box" plan to ease its family doctor shortage by hiring physicians as city employees is sparking interest from across Canada, says Colwood Mayor Doug Kobayashi.
'There’s no support': Domestic abuse survivor shares difficulties leaving her relationship
An Edmonton woman who tried to flee an abusive relationship ended up back where she started in part due to a lack of shelter space.
opinion King Charles' Christmas: Who's in and who's out this year?
Christmas 2024 is set to be a Christmas like no other for the Royal Family, says royal commentator Afua Hagan. King Charles III has initiated the most important and significant transformation of royal Christmas celebrations in decades.
Baseball Hall of Famer Rickey Henderson dead at 65, reports say
Rickey Henderson, a Baseball Hall of Famer and Major League Baseball’s all-time stolen bases leader, is dead at 65, according to multiple reports.
Arizona third-grader saves choking friend
An Arizona third-grader is being recognized by his local fire department after saving a friend from choking.
Germans mourn the 5 killed and 200 injured in the apparent attack on a Christmas market
Germans on Saturday mourned the victims of an apparent attack in which authorities say a doctor drove into a busy outdoor Christmas market, killing five people, injuring 200 others and shaking the public’s sense of security at what would otherwise be a time of joy.
Blake Lively accuses 'It Ends With Us' director Justin Baldoni of harassment and smear campaign
Blake Lively has accused her 'It Ends With Us' director and co-star Justin Baldoni of sexual harassment on the set of the movie and a subsequent effort to “destroy' her reputation in a legal complaint.
Oysters distributed in B.C., Alberta, Ontario recalled for norovirus contamination
The Canadian Food Inspection Agency has issued a recall due to possible norovirus contamination of certain oysters distributed in British Columbia, Alberta and Ontario.