A former gang associate "probably" stabbed another man linked to a rival gang but when it comes to the law, that's not enough, a judge ruled Tuesday.
B.C. Supreme Court Justice Robert Powers acquitted Travis Bobroske of aggravated assault.
Powers said the case is "very close to the line," adding Bobroske and a friend "probably" attacked another man Feb. 1 and stabbed him seven times.
But the law requires the Crown to prove a case "beyond a reasonable doubt," Powers said, adding in this case there were problems with the evidence and the accused man is entitled to the benefit of them.
During the trial, the judge heard how police were called to a North Shore address in the early evening of Feb. 1 where they found the victim suffering several stab wounds. He was taken to Royal Inland Hospital.
Powers noted the victim gave police some suggestions about who was responsible but was not certain. During the trial, the victim was more assertive in his identification.
But Bobroske had an alibi, the judge noted, and while aspects of it were difficult to accept, it had the support of other witnesses.
Bobroske told the court he was associated with Red Alert, a western-based street gang - not as a member, but as a friend. Still, he helped out with the gang's criminal activity, including selling drugs.
In fact, Bobroske told the court the night of the stabbing he was selling drugs and was nowhere near where the attack occurred.
The victim was apparently associated with the United Nations, another western-based street gang, although he says he no longer has ties to the gang.
Defence lawyer Jeremy Jensen said Bobroske broke all his connections to gang activity in Kamloops long ago. Today, he has a full-time job and is working hard to provide for his family, the lawyer said.