NORTH BATTLEFORD – An arson charge against 43-year-old Naomi Jean Yellowtail was stayed Thursday following a four-day trial in North Battleford Provincial Court.
Yellowtail was charged with arson with disregard for human life in the Jan. 3, 2022, apartment building fire in North Battleford on 102nd Street. Seventeen residents and six emergency responders required medical treatment. The apartment building had to be demolished and damage was estimated to be more than $3 million.
Crown prosecutor Scott Bartlett told the court that given Keeanu Crookedneck’s evidence on Wednesday, and the fact that more than a dozen witnesses didn’t show for court, he said the Crown couldn’t meet the threshold of guilt beyond a reasonable doubt.
On Thursday after the trial concluded, defence counsel Mike Nolin said the stay of proceedings was a logical outcome given the weaknesses uncovered during the trial.
“I think this is probably the best result at this time given the frailties of the Crown’s case.
“The Crown acknowledged the difficulty they had with the divergent statements from various witnesses on who did what, when or where," said Nolin. "It was never very clear whether or not Yellowtail was even there that day and it was our position that she wasn’t."
During the trial the court heard “precious little evidence” about Yellowtail’s whereabouts, said Nolin, adding that one witness had not seen her at the apartment building for at least two weeks prior to the fire.
“The witnesses that were there on the night of the fire had all said they hadn’t seen her for at least a week prior to the fire,” he said. “One in fact said it was two weeks before the fire. So, we think this is probably the best result, that the Crown abandons going any further.”
Yellowtail was represented by Saskatoon lawyers Mike Nolin and Carl Swenson.
Trial takes a turn Wednesday
In a gripping turn of events, Keeanu Crookedneck's admission to setting the Jan. 3, 2022, apartment fire was revealed in court Wednesday, as testified by Crown witness Ray Bird, a current inmate.
Crookedneck's alleged confession to Bird came to light under cross-examination by Nolin.
“Keeanu didn’t tell you he watched someone else light the fire?” asked Nolin.
“No,” replied Bird.
“He said he lit the fire?” asked Nolin.
“Ya,” replied Bird.
“And he said he lit the fire in the laundry room?” asked Nolin.
“Ya,” replied Bird.
“And he was very clear that the other fellow that was with him, was the fellow that was with him when he set the fire?”
“Ya,” said Bird.
“Naomi Yellowtail was not at Dave Lapointe's that time, was she?”
“No,” said Bird.
“In fact, you didn’t see Naomi Yellowtail at all that day, did you?”
“No,” testified Bird.
Crown prosecutor Scott Bartlett objected to the questioning and Nolin explained his basis for his line of questioning.
“I didn’t come out of nowhere and ask those questions,” Nolin told North Battleford Provincial Court. He said that Crookedneck’s admission to Bird that he was the one who started the fire was in the police evidence provided in disclosure. Disclosure consists of the Crown’s case against the accused and usually includes search warrants, the charging document, details of the offence, audio/video and transcribed witness statements, statements from the accused, expert reports, exhibits, private communication intercept authorizations, evidence, and criminal records of witnesses and the accused.
Yellowtail not seen at apartment building
Lane Wuttunee was the first Crown witness Wednesday morning. He is a serving inmate and appeared in person wearing a prison-issue orange shirt and green pants.
He testified that he was living in suite 305 at the apartment building that had been destroyed by arson. He said his brother and a few others lived there.
Wuttunee said he didn’t see Naomi Yellowtail around the apartment building the day of the fire.
Bird also testified that he hadn’t seen Naomi Yellowtail around the apartment building for about two weeks prior to the fire.
Crookedneck takes the stand
Appearing in court in person Wednesday, Crookedneck, a serving inmate, took the stand testifying as a Crown witness against Yellowtail.
“I was high at the time, ya, I was there and I did something stupid,” testified Crookedneck.
He told the court that his memory was “hazy” as he was shooting up and smoking meth at the time. He admitted that he was at suite 305 on the third floor of the apartment building. He said there were about eight to 10 people at the suite that night and he admitted to starting the outside garbage bin on fire.
Crookedneck told the court that before the apartment fire he had an argument with his girlfriend. They were living with Dave Lapointe on 102nd Street, a block and half away from the apartment building at the time.
Court heard that Lapointe died last year. Battlefords RCMP had responded to a home in the 1600 block of 102nd Street in North Battleford around 2:45 a.m. on March 13, 2022. When they arrived, they found 61-year-old Lapointe deceased inside the home. Police said Lapointe's death is suspicious in nature but haven’t yet ruled it a homicide.
“Why did you start the dumpster fire?” questioned Nolin?
“I was high and in a bad mood so I just went along with it I guess,” testified Crookedneck.
“What do you mean when you say you ‘just went along with it?’” questioned Nolin.
“I guess I felt reckless, felt like doing something stupid. I went along with how I was feeling. I was in a bad mood and just let my anger out and decided to start something on fire like the garbage.”
Under re-direct by the Crown, Bartlett asked Crookedneck if he remembered the judge asking him any questions during his sentencing hearing in September 2022. Crookedneck had appeared that day by CCTV instead of in person.
“It’s kind of hard to hear the judge through that shitty microphone and everything. Only person I could actually clearly hear was my lawyer as he put his face to the mic,” said Crookedneck.
“Did you cause the fire in the apartment building?” asked Bartlett.
“They say I did so I did,” replied Crookedneck. “That’s my answer. People are saying I did it so I did it. That’s same thing I told my lawyer. I didn’t want to fight it. So many people saying that I did it so I just repeated it. What’s the point of fighting it? It may not be the answer the court is looking for but that is what it is.”
Defence counsel Nolin objected and told the court that Crookedneck may not know what his rights are.
“I’m concerned about my friend’s line of questions,” said Nolin. “I’m concerned that no one has provided Crookedneck legal advice.”
Bartlett asked Crookedneck, “Did the judge sentencing you, did he ask you questions?”
“Ahhhh, I think he asked me some things,” testified Crookedneck. “I just kind of agreed with most of it.”
Judge Michelle Baldwin interjected and asked Crookedneck, “Have you received any advice from a lawyer with regards to your testimony today?”
“No, none whatsoever,” testified Crookedneck. “I didn’t even know I was coming here today.”
Bartlett questioned Crookedneck again cautioning him, “When I ask you the next question don’t answer immediately,” he said, adding wait until he sees if Nolin objects.
“You told us that the judge asked you some questions and you answered 'yes.' Do you remember what those questions were?” asked Bartlett.
“No,” replied Crookedneck. “I didn’t think that would be important. I didn’t think anything he was telling me was important so I didn’t even remember.”
Bartlett asked the court to declare Crookedneck an adverse witness.
“Depending on what transpires he could be in the position of an obstruction of justice charge,” said Bartlett.
Judge Baldwin adjourned Crookedneck’s testimony until Thursday morning to give him time to get legal advice.
On Thursday morning Crookedneck never took the stand. The morning was taken up with Crown and defence counsel arguments about declaring him an adverse witness and going into a voir dire so the Crown could question Crookedneck at large about his sentencing hearing in September 2022. Crookedneck was sentenced to three years in prison for his part in the apartment fire. At that time, however, Crookedneck had only admitted to setting the garbage bin outside of the apartment building on fire.
Judge Michelle Baldwin rejected the Crown’s argument that Crookedneck was a hostile witness, saying he didn’t refuse to answer the Crown’s questions and when he couldn’t remember he tried to explain why he couldn’t remember.
When the Crown stays charges, they put the charges on hold. This means the charges can be "brought back to life" within one year but this rarely happens.
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