Alleged victim testifies at assault trial

The trial against a Sheaves Cove man accused of assaulting his neighbour last summer continued in Stephenville Provincial Court on Feb. 19, with the alleged victim taking the stand.

Shelley Jesso told the court she knew the accused, Robert Rowe, all of her life, and that he currently lives three houses away from her residence in the community.

At around 7 p.m. on Aug. 25, 2009, Ms. Jesso testified she went out for her daily jog along the town's main road. She was heading west towards Big Cove Park when she stopped to chat with friend Travis Young.

Ms. Jesso said she noticed somebody walking quickly towards them, and that it was the accused's common law spouse, Maisie Barter.

While standing at the front of a nearby neighbour's driveway, Ms. Jesso testified Ms. Barter said some expletives at her, and words were then exchanged between the women.

Ms. Jesso said Ms. Barter went into the neighbour's house, she and Mr. Young parted ways, and then she continued westward on her jog. Ms. Jesso said once she reached a road sign just past Big Cove Park, she stopped to catch her breath and then proceeded to head home, switching sides so as to remain facing traffic.

As she was jogging along the outskirts of Sheaves Cove, she said she noticed a vehicle speedily coming towards her with its high beam headlights turned on, although she noted it was still light outside.

Ms. Jesso said she thought it might have been a friend trying to startle or fool her.

"All of a sudden, the truck was in front of me," she said, noting the vehicle's front passenger wheel stopped about a foot and a half in front of her.

Ms. Jesso said she walked around the front of the truck and stood on the road's yellow line, at which point the accused jumped out of the truck and started yelling at her.

She said Mr. Rowe took a swing at her with his closed fist, but she jumped back - responding to him, "Are you serious?"

Although she said she kept backing up, Ms. Jesso testified the accused kicked her on the side of her leg.

"He swept me off my feet," said Ms. Rowe. "I fell down on my back."

She said the accused tried to hold her down with his knee, but then she wriggled and he sat on her.

"He started punching me in the face," she said, adding Mr. Rowe told her he owned Sheaves Cove and that she didn't belong there. "It was only minutes, but it felt like hours."

Ms. Jesso told the court she thought her right jaw was broken, so she turned the left side of her face to him to minimize further damage to her jaw. In total, she said Mr. Rowe hit her ten to 12 times.

She said she scratched at him to get his DNA under her fingernails; and struck him once, although her eyes were watered and swollen, so she couldn't see very much.

"I made contact - I think I knocked off his glasses," she said. "After I hit him with my left hand ... he said, 'This is it, you're f***ing dead.'"

Ms. Jesso testified she then heard a vehicle coming along the road, at which point she said Mr. Rowe jumped off her, got back in his truck, and sped away.

She said it was her father in the other vehicle, who then stopped and put her into his car. As they didn't have a cell phone, they went directly to the first house in Sheaves Cove to call police. The pair left and drove to her parents' house.

"Then my mom came out with my little girl in her arms," she said, noting her daughter was screaming and asking what happened to her mommy.

Ms. Jesso said Mr. Young and his wife showed up and took her and her father to Sir Thomas Roddick Hospital in Stephenville. After being treated by a doctor and having X-rays taken, she went to the police station to give a statement and then returned home.

Ms. Jesso said her medical treatments are ongoing, including surgery to remove scar tissue from her face, a CT scan, and eye treatment. She also said she has started taking sleep medication and anti-depressents, and is receiving counselling.

In his cross-examination, defence lawyer Fred Stagg said from his interpretation of a medical report earlier entered as evidence, Ms. Jesso hadn't any fractures to facial bones.

He asked if Ms. Jesso had any scarring or cuts to the back of her head related to the incident, to which Ms. Jesso said she did not.

Mr. Stagg suggested her injuries were sustained by Mr. Rowe punching her twice in face, not by knocking her to the ground and repeatedly punching her in the face.

No way could two punches do that to a person ... that's absurd," replied Ms. Jesso.

She credited a healthy lifestyle - including drinking milk and refraining from drugs and alcohol - for minimizing damage from the alleged assault.

Mr. Stagg then asked Ms. Jesso about photos taken of her at the hospital that appeared on Mr. Young's Facebook page.

"I can't remember those pictures being taken," said Ms. Jesso.

When asked about her memory, she said she couldn't say when exactly the photos were snapped, but they were taken both before and after her X-rays while at the hospital.

He also asked why she hadn't wiped the blood off her face before the photos were taken.

"I didn't know what my face looked like at this point," she replied.

Mr. Stagg asked about the origins of photos that were earlier entered into evidence, which were also taken at the hospital shortly after the alleged attack. Ms. Jesso said she didn't know where they came from.

"They were on my table the next morning," she said.

Judge Jacqueline Jenkins asked Ms. Jesso to clarify her statement about finding the photographs and asked the witness if she knew where they came from.

"I never asked," said Ms. Jesso.

Mr. Rowe has been charged with assault causing bodily harm, issuing threats, and resisting arrest after the alleged incident involving Ms. Jesso on Aug. 25, 2009. The trial resumes Feb. 23.