Prosecutor Rajbir Dhillon said alibi evidence provided by the suspect’s co-accused cast doubt on the eye witness statement of the woman.
“Police investigated that alibi and determined it was a valid alibi ... (the other suspect) likely was not present,” Dhillon told Calgary provincial court Judge Peter Barley.
“The Crown determined that there was no reasonable likelihood of conviction on either accused,” he said, in withdrawing attempted murder and other charges against Kyle Robert McKee.
“In the end the Crown is not alleging that Mr. McKee was involved in that there is insufficient evidence tying him to that.”
McKee, through defence lawyer Adriano Iovinelli, did admit a single charge of making explosives after a police search of his northeast home following the attempted firebombing found a Molotov cocktail.
Barley accepted a joint submission for a one-day sentence followed by 12 months’ probation, since McKee has already served the equivalent of a 10-month jail term.
He was arrested Dec. 16, in Winnipeg, nearly a month after two explosive devices were left outside a Rundlehorn Dr. N.E. apartment on Nov. 21, occupied by Carolyne Kwiatek and her boyfriend, Tyler Sturrup.
Kwiatek said she looked out to see McKee and a youth on the balcony of her ground floor suite, Dhillon said.
“She saw two males, one of whom she identified as this offender, and a youth,” Dhillon told court.
He said Kwiatek believes the devices were placed there as a result of her relationship with McKee, “which had gone sour.”
Kwiatek woke up Sturrup, who went out on the balcony and tossed the two items into the parking lot, where one exploded.
When police arrived, they found the remnants of the detonated bomb and a second device consisting of a glass jar with coins, screws, nails and ratchet bits inside, Dhillon said.
He said both Kwiatek and Sturrup were reluctant to talk to police.
He earlier withdrew charges against the youth.
Iovinelli told Barley his client maintains his innocence on the bombing-related charges and was prepared to go to trial.
Calgary Sun
