A man accused of spitting at a Nelson hotel employee following a dispute over wearing masks during the pandemic has been found not guilty of assault.
Judge Rob Brown acquitted Jeremy Undershute today in Castlegar Provincial Court.
He was charged after a confrontation with Adventure Hotel employee Rhonda Comeau in November 2020. She subsequently suffered a heart attack, but the Crown did not try to prove that it was directly linked.
Court heard that Comeau came to the aid of employees in the coffee shop in the hotel. However, there was conflicting testimony whether Undershute’s spit actually hit Comeau or landed at her feet.
The case was also delayed over missing surveillance footage, which Undershute’s lawyer said compromised his ability to defend himself.