Woman who fell from third floor: acquitted because her ex jumped from their apartment balcony herself

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A 22-year-old man initially suspected of throwing his partner from the third floor was finally acquitted of the charge of aggravated assault who weighed against him since the events after the victim “rectified the facts”.

Jose Ulises Garcia de Santiago was accused after the events that occurred on February 5, 2023 in an apartment building on rue de la Forest, in Sainte-Foy.

The police were called there in the middle of the night for a woman who had fallen from a balcony. It was a resident of the building, who witnessed the victim’s fall, who contacted the emergency services. “I called the police, I was on the phone, there was a chicane and I saw him fall while looking in my window,” she told Journal in the aftermath of the tragedy.

The woman’s partner was quickly arrested, authorities suspecting that he had pushed the woman over the balcony guard.

Photo Agence QMI, Marc Vallières

The victim himself jumped

This is also the version that the victim gave in her first statement to the police. However, along the way, his words changed and sowed doubt about what had really happened on the night of the events.

Friday morning, the Crown prosecutor in the case delivered a statement to the court, clarifying the status of the case. We now understand that the young woman herself jumped from the balcony, inflicting serious injuries on herself, the after-effects of which she still has today.

“After a meeting with the complainant, the lady made a statement which corrected the facts in this case and this new statement is confirmed by certain police expertise. This means that the public prosecutor is no longer able to prove the offenses beyond a reasonable doubt,” explained Me Caroline Munger.

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Judge Sarah-Julie Chicoine therefore acquitted Mr. Garcia de Santiago in connection with the charge of serious assault.

The public prosecutor also requested the withdrawal of a count of common assault which also targeted the same victim. “Madame does not want to come and testify in court,” the crown said.

Other files

Jose Ulises Garcia de Santiago, however, is not completely out of the woods since other accusations still weigh against him in other cases.

He was charged in 2022 with assault, assault with a weapon and mischief, charges to which were added charges of harassment and breach of condition.

These other offenses would also have occurred in a marital context, but target another alleged victim.

The remaining cases were postponed until the end of May so that the crown could disclose additional evidence to the defence.

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