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A Chinese senior, 84, was attacked on May 8th, 2011.

Marvin Arthur Witzaney, 45, was charged with aggravated sexual assault, two counts of break and enter with intent, one charge of attempted break and enter, one count of possession of an offensive weapon and three charges of breach of recognizance.

At the time of his arrest, Witzaney was already facing two charges of indecent exposure.

The senior died of her injuries on May 16th.

On September 19th, 2011, Edmonton police, in conjunction with the Crown prosecutor’s office, upgraded the senior's death to homicide, the city's 38th of the year.

Witzaney was subsequently charged with second-degree murder in addition to the charges previously laid.

Due to a court-ordered publication ban, the victim's name was not released.

At about 1:45 a.m. on May 8th, 2011, police said a man broke into the Edmonton Chinese Seniors Lodge at 9521 102A Avenue.

But the intruder got spooked by a resident and left the building. He returned two hours later.

After breaking in the second time, the man assaulted an 84-year-old woman who lived in a ground-floor suite – leaving her with injuries serious enough to warrant hospitalisation.

Police said the attack appeared random and issued a description of a man they were looking for: 6-feet with long dark hair and wearing dark clothing.

It wasn't much of a description ... but locker-room talk back at headquarters quickly put a name to the suspect: Marvin Arthur Witzaney.

Work at the crime scene continued – involving the Elder Abuse Intervention Team involved, criminal investigation and patrol services, and forensics staff. It was later learned the sexual assault unit also assisted.

Eighteen hours after the assault, downtown patrol officers spotted Witzaney and arrested him.

The 45-year-old was charged with two counts of break and enter with intent, one charge of attempted break and enter, one count of possession of an offensive weapon, three charges of breach of recognizance (likely stemming from two charges of indecent exposure he was already facing), and a serious assault-related offence.

While police working with the Chinese community were sensitive to their culture and custom, media revealed the precise nature of the "serious assault-related offence" as aggravated sexual assault – a charge investigators wouldn't speak to.

"All that I'm prepared to say right now about the exact nature of the assault is that it was serious," Const. Jared Buhler said. "Obviously, this lady has sustained serious injuries."

Buhler did say that said Witzaney was arrested after "some good police work and some good luck," noting a critical lead came out of a locker-room conversation between two officers not involved in the case that led another officer to think about a person he had dealt with previously.

Then other officers then came forward with information about the man who had "exhibited some concerning behaviours" around that area in the past, Buhler said.

The officer also praised staff at the seniors home for their handling of both the assault and the earlier break-in attempt.

"They have gone above and beyond to assist with this investigation and to take all appropriate steps to address any security concerns that were identified or even things that could be improved."

The centre's manager declined comment and said no one from the facility would speak to media. The media then turned to area residents to gather local reaction – read more »

Days after the attack, management of a Chinatown seniors centre said they were working with police to review their security procedures.

"It is beyond our comprehension why anyone would commit such a violent crime against a helpless senior citizen," said Donald Yu, vice-chairman of the management board of the Edmonton Chinatown Care Centre.

"Our thoughts and concerns are with her and her family."

The attack was the only such incident in the facility's history, according to Yu.

The senior remained in serious but stable condition in hospital.

July 11th, 2011

The next development in the case took place when it was revealed that the senior had died on May 16th – eight days after the assault.

It was then that the case was forwarded to Crown prosecutors for review to see if the matter should be classified as a homicide.

"All we can confirm at this time is that the Crown is reviewing the medical examiner's results in the case to determine whether a homicide charge is warranted," Alberta Justice spokesman David Dear said, adding the Crown may also consider other charges once the evidence is examined.

"It's still too early to say what will be determined," Dear said.

The short time between the assault and the woman's death prompted the Crown to review the case but it wasn't known how long it would take for the Crown to decide if the woman died as a direct result of the attack.

"It's too early to say when a determination in the case could be made," Dear said.

"Crown prosecutors are waiting on all findings before they make their decision. It won't be a rushed decision and the case is still under review by the medical examiner."

As the Crown often decides the laying of charges with a view to likelihood of conviction, prosecutors would have to prove beyond a reasonable doubt that the assault contributed in a significant way to the woman's death – read more »

The development also prompted media to pay another visit to the Edmonton Chinese Seniors Lodge – read more »

September 19th, 2011

Four months after the senior died, homicide detectives in conjunction with the Crown prosecutor's office issued a new charge against Witzaney: second-degree murder.

The charge was laid in addition to the others Witzaney already faced.

With the case now deemed a homicide, Edmonton's 2011 murder count now stood at 38. While the count went up, so did the clearance rate as the case was now considered closed.

"We're always glad when we close cases of course. We've put a lot of additional resources into homicide, taking some of the pressure off," Det. Bill Clark said.

"We're going to see some more results as the months roll on because we're having time now to work on the files that have been sitting."

The charge also brought relief to those who advocate on behalf of seniors – read more »

Back at the Edmonton Chinese Seniors Lodge, life returned to normal. A new tenant was in the deceased woman's suite and the events of May 2011 were no longer top of mind.

"This was really a freak accident," said Elsa Lee, director of executive support for the Edmonton Chinatown Care Centre.

"Nobody talks about it anymore. [The residents] are happy to be here, they feel secure, they feel OK."

All the information presented on this page has been compiled primarily from published media reports and should not be interpreted as having legal bearing or other prejudice against the individuals named on this web site.
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deadmonton 2011 - chinese senior