Man charged with assaulting two strangers, brother's ex-girlfriend
Jun 19 2012
Videos of a violent altercation at a packed Denny's Restaurant were played in B.C. Supreme Court Monday, the opening day of an assault trial.
Eldriegson Delalcazar is charged with assaulting Paul Dixon and his friend, Sukhpaul Parmar - two strangers - in the early hours of Oct. 17, 2010, at the busy eatery. He is also charged with assaulting Magdalayna Moraitis, his brother Jefferson Delalcazar's ex-girlfriend. The judge-alone trial is expected to last about 10 days.
Crown prosecutor Catherine Murray told Justice Geoffrey Gaul the evidence would show Moraitis and Jefferson had been in an on-again, off-again relationship and Jefferson was having a hard time dealing with it. That night, Moraitis was out with friend Kathleen Wierzbicki, who was also a friend of the Delalcazar brothers and the girlfriend of Kevin Baker.
After the clubs closed, the two women went to Denny's with Dixon and Parmar, said Murray. Wierzbicki phoned Baker and they argued.
Just after 3 a.m., Jefferson, Eldriegson, Baker and a fourth unidentified man showed up and went straight to the booth where the women were sitting, she said.
"You will hear Dixon and Parmar were attacked," said Murray.
Baker did not participate in the attack, said Murray. He tried to get Wierzbicki to leave with him but she stayed behind and he left quickly.
Murray played three videos for the court. Two of the videos, taken by the restaurant's surveillance cameras, have no sound. They show the group of four men entering the restaurant and going to the booth. In a third cellphone video, taken by someone in the restaurant, people are screaming and yelling.
Dixon, the first witness, testified he'd been celebrating a friend's birthday and had about 20 ounces of liquor that night. Around 3 a.m., "drunk and tired," he and Parmar ended up at Denny's with two women they'd met at a nightclub.
They were sitting in a booth at the back of the restaurant when a group of men walked in.
"I was punched in the face and thrown to the ground," said Dixon.
There was no conversation.
During cross-examination, Dixon told defence lawyer Rolfe Horne he kept his face down, protected his head, and didn't see what was happening around him. Dixon could not recall any clothing or distinguishing features of his assailant.
His jaw was swollen for a couple of weeks after the assault.
Also on the stand, Baker testified that Wierzbicki was quite drunk and called him from someone else's cellphone. He told her to pay her bill and he would come and get her.
Baker testified that Jefferson drove to the restaurant and he walked in with him. Baker walked up to the booth and asked Wierzbicki if she was ready to go.
At that point, the man identified as Dixon stood up and asked "Who the f--k are you?" testified Baker. He replied he was just there to get his girlfriend.
Dixon was hostile and aggressive when he stood up, he testified. Baker grabbed Wierzbicki's arm, but she shook it loose and he left the restaurant. He didn't turn to see what was happening.
Baker testified he did not recall seeing Eldriegson at Denny's.
In May 2011, Jefferson Delalcazar was sentenced to two years in jail after pleading guilty to assault causing bodily harm to Parmar and assaulting and criminally harassing Moraitis.