Troubled relationship leads to aggravated assault conviction

Orin Dash, 34, who now lives in Dartmouth, was convicted of aggravated assault for the injuries he sustained to his former common-law partner Kim Atwood also of Sable River but was acquitted by the court of the charge of attempted murder.

The charges were focused on the early morning of Aug 9, 2006, when after a heated argument Atwood went crashing down her treacherous stairs in her Sable River home, suffering bruises and a laceration to her head, but the trial included testimony by both Dash and Atwood on their disturbing two year relationship chocked full of alcohol infused violence.

It was not long into the relationship that the violence began, testified Atwood.

She admitted to initiating violence on several occasions, slapping him in the face when she became jealous, hitting him on the head with a liquor bottle but also cited many occasions where Dash would attack her.

One night after a dance in Lockeport, Atwood slapped Dash in the face in front of a group of mutual friends.

“Were there any repercussions,” asked Crown Attorney Jim Fyfe.

“He chased me outside…he was furious, he followed me out threw me on the ground and pi--ed on my face,” a shaken Atwood told the court.

Dash admitted to the incident during his cross-examination.

“It was done to humiliate her,” said Dash admitting he was enraged after Atwood had struck him.

“And do you find your reaction excessive,” asked Fyfe.

“I think it’s humiliating and degrading,” responded Dash, “but less than beating her about the head five or six times.”

Violence continued throughout their common-law relationship that included Dash restraining Atwood on several occasions by chocking her or wrapping a vacuum cord around her neck.

“She would often say, ‘just let me go and I won’t tell anyone’, said Dash to the court, “I may of pushed her, choked her and slapped her but it was as if I were the one who initiated the violence.”

The day preceding the final incident both Atwood and Dash had been drinking heavily with another couple. An argument ensued and Atwood drove the couple home.

The two stories from Atwood and Dash conflicted during the trial as Atwood described coming home, getting undressed and being kicked out of bed to the floor by Dash.

However, Dash’s testimony described an enraged Atwood coming home and attacking him in their bed, pleading self-defense in the events that took place.

Inconsistencies in Dash’s version of the events left the court believing Atwood’s testimony to be true the morning of Aug 9.

Justice Moir found it unbelievable that Atwood first got undressed and then attacked Dash while he slept as Dash testified, but it was more likely she was already in bed.

The fight ensued and carried into the loft with Dash and Atwood locked by the arms and facing each other.

Atwood remembered telling the police Dash uttering the words, this time I will kill you, you f---ing whore, but in the course of the trial she doubted if that was what he really said.

As they were locked together too close to the steep steps, they smashed into the computer desk near the top of the steps where the top gets knocked off and goes to the floor.

“The stairs Orin! The stairs!” Atwood cried.

“She’s there and all of a sudden she’s not there,” remembered Dash.

Neither Dash nor Atwood’s testimony recalled that there was a push or any recollection of her slipping from his grasp.

After her fall, explained Atwood, Dash went back to the bedroom and fell asleep.

Atwood did not believe Dash tried to kill her that night and after listening to the testimony, Justice Moir agreed.

“Ms. Atwood does not believe there was specific intent and nor do I,” said Justice Moir adding he did not believe there was an “overt act such as a push to send Ms. Atwood to the grave.”

The charge of assault causing bodily harm has been stayed. A presentence report was ordered and sentencing is set for Dec. 7. He has been released under conditions that he abstain from alcohol and drugs and to stay away from Atwood. Dash told the court he stopped drinking over a year ago.