Man on trial for head-butting man at bar

Rosie Mullaley
Published on January 11, 2014
Kevin Michael Stamp had his trial begin Friday at provincial court in St. John's. It's set to continue Wednesday. - Photo by Rosie Gillingham/The Telegram

He went to a downtown bar for some enjoyment, but ended up with a whole lot of misery.

Testifying in provincial court in St. John’s Friday, a man who has lived in this province for the past two years said that on the night of Nov. 17, 2012, he was in the washroom at the bar when another man walked in, suddenly grabbed him by the shoulders and head-butted him.

“I was very shocked,” he said. “I didn’t feel pain. I was just paralyzed.

“I thought to myself, how is this possible?”

That man who attacked him, he said, is Kevin Michael Stamp.

Stamp, 25, is on trial, having been charged with assault causing him bodily harm.

The head butt broke the man’s nose and also resulted in him having to get eight stitches to close a large gash above his left eye.

“I was really bleeding,” said the man, who said he stumbled to the sink to wash off the blood that covered his face after the incident.

He told the court he had never saw Stamp before in his life and couldn’t understand why he would attack him.

But Stamp claims he had every reason to do what he did.

He said the man sexually assaulted him in the washroom first and that he head-butted in retaliation and self defence.

The incident took only a few minutes.

The man said after it happened, he went outside to alert the bouncers. He said he even pointed Stamp out to them, but he said the bouncers didn’t call police or an ambulance.

“They didn’t do anything,” the man said under direct questioning from Crown prosecutor Danny Vavasour.

“I had to take care of everything myself. I made it clear I wanted the police called, but they didn’t. … I thought they take care of people, you know.”

Surveillance video from inside the bar, which was played in court, showed the man coming out of the bathroom with blood on his face, speaking to the bouncers and pointing to Stamp, who he said came out of the bathroom seconds later. Stamp was seen also talking to them in the crowded area.

The man said he and his wife then left the bar and went directly to the hospital, where they called police.

RNC Const. Nick Cashin testified that it took several months to investigate the case, as he was waiting to get the surveillance video from the bar and then identify Stamp.

He finally identified Stamp in mid-February and said he tried several times to contact him. He said he left several messages, but he didn’t hear back.

Under direct questioning by his lawyer Randy Piercey, Stamp said he actually did call police back, but was told the investigator was not available.

When asked about that night, Stamp said he had been at the bar with co-workers after a staff Christmas party and had seen the man outside smoking earlier in the night.

He said later that night, he was at the urinal in the bathroom when the man walked in and said, “I’d like to see you with your pants off.”

Stamp said the man then reached around and touched Stamp’s penis.

That’s why he head butted him, he said.

“You made no verbal reaction to his comment?” Vavasour asked in cross-examination.

“No,” Stamp replied.

Vavasour asked that if that actually happened, why he didn’t just try to push the man’s hand away, instead of retaliating in such a violent way.

Stamp said there wasn’t enough room in the bathroom to get his hands up to shove the man. He said he didn’t have the time to do that either.

“I didn’t think about it,” Stamp said. “It was just instant.”

“You could’ve left that bathroom without head butting him,” Vavasour said.

“He was in my path. He was obstructing it,” Stamp said.

When Vavasour asked why he didn’t contact the RNC about the alleged sexual assault, he said, “I just wanted to forget it.” He said he had already been the brunt of many jokes by co-workers, who he said he had told.

Vavasour also suggested Stamp was evading police phone calls to allow him time to invent a story.

“You had to have known whey they were calling,” Vavasour said.

“No, actually I didn’t,” he said.

Lawyers will make their final arguments Wednesday. Judge Pam Goulding is on the bench.

Stamp is not in custody, having been released shortly after his arrest in late March.

Twitter: TelyCourt