A jury will decide the fate of a Cranbrook man charged with sexual assault and choking to overcome resistance.
The trial of Matthew Allen Buxton began Tuesday in Cranbrook BC Supreme Court as Justice Anthony Saunders gave his instructions to the jury of seven men and five women.
Buxton faces three charges stemming from a night in October last year.
Crown alleges a local woman blacked out at a Cranbrook bar and found herself in a stranger’s bed the next morning
The middle-aged woman, who cannot be named due to a publication ban, was allegedly woken up by a naked man having sex with her.
Presuctor Jillian Vivian told to the jury in her opening statements Tuesday that when the women began screaming the accused tried to smother her face with a pillow.
The trial is expected to last one week and Vivian could call as many as six witnesses to the stand including the alleged victim, responding RCMP officers, the bartender and the roommate of the accused.
Former Cranbrook RCMP Cst. Andrea Fitzpatrick was called to the stand Tuesday as the first witness.