Kyle Gordon Ordway was found guilty on one charge, however a 12-person jury was unable to reach a unanimous decision on two more on Wednesday, May 3. (File Photo/NanaimoNewsNOW)

By Ian Holmes

split decision

Nanaimo man convicted of assaulting woman in townhouse, jury hung on 2 more charges

May 4, 2023 | 5:06 AM

Editor’s Note: This story contains details which may be disturbing for some readers. Discretion is advised.

NANAIMO — Jurors working overtime couldn’t reach a unanimous decision in the case of a man accused of confining, beating up and stealing money from a woman at a Nanaimo townhouse unit.

While Kyle Gordon Ordway, 38, was found guilty of assault causing bodily harm, the jury failed to reach consensus verdicts on counts of forcible confinement and theft under $5,000 in relation to incidents more than two years ago.

The 12-member jury, comprised of seven men and five women, informed the court on Wednesday, May 3 of its decision following nearly two full days of deliberations.

Ordway will be sentenced at a future date on the assault causing bodily harm charge.

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The Crown’s Neal Bennet told NanaimoNewsNOW their office will decide over the next two weeks how to proceed regarding the unresolved allegations against the accused. He added a lack of a ruling from the jury does not acquit Ordway of the charges.

If the Crown proceeds, a new jury would be selected to hear the case.

Ordway pleaded not guilty in response to allegations made by Nanaimo woman Jenny Webber who testified Ordway, in conjunction with his former and since deceased girlfriend Amy Watts, beat her up multiple times between Feb. 16 and 21, 2021.

Most of the abuse occurred in the bedroom of her own Wakesiah Ave. townhouse unit where Webber stated she required permission to use the washroom.

Evidence presented at trial stated Ordway brought Watts from a Lower Mainland substance abuse treatment centre directly back to the drug-infested home.

Webber testified Ordway and Watts then began lashing out at her.

A man staying at the home was told by Ordway she owed him money.

Webber told court she was repeatedly tasered, punched, kicked, stomped and burned by a crack pipe during an extortion effort to obtain her bank account password and an expected $3,000 tax return.

A prior intimate relationship existed between Webber and Ordway, where they also did drugs and lived together.

The Crown unsuccessfully argued Ordway was responsible for a series of ATM withdrawals and a singular e-transfer made from Webber’s account.

Webber testified she tried to flee the unit, prompting Ordway to react by strangling her with both hands and beating her up, which included stomping on her head and neck.

On Feb. 21, 2021, Webber said she got away after convincing Watts somebody was arriving to drop off drugs.

Webber said the delivery driver took her to the hospital.

Two days later she approached police where an officer took several pictures depicting bruising and marks on her face, arms, back and legs. Those images were shown to jurors as exhibits.

Following Webber’s statement to police, Ordway denied being around Webber, living with her and having sex with her.

Those pronouncements to police were contradicted in court.

Ordway flatly denied just about all of the allegations levelled against him at trial.

During his testimony, Ordway acknowledged he prevented Webber from leaving the unit, but said he didn’t assault her. He told court the only abuse he personally saw toward Webber was a single punch to the face from Watts.

Several Crown witnesses testified at trial, including three marginalized people at the townhouse unit at the time.

Multiple Nanaimo RCMP officers and hospital nurses also testified on the witness stand.

During closing arguments the Crown’s Bennet said it was not coincidental, nor was it a grand conspiracy all of the witnesses corroborated what had happened to the victim.

“Or, is this really what it looks like — because what it looks like is Kyle Ordway and Amy Watts together confined Miss Webber in her bedroom, stole her money and assaulted her beyond a reasonable doubt.”

Defence lawyer Tom Spettigue focused on the credibility of the Crown’s witnesses in the home at the time, which was widely described during the trial as a crack house.

In particular, Spettigue took issue with the testimony of a person with acute addiction issues.

“Why would we expect him to recall a conversation that he had with Mr. Ordway more than two years ago when he can’t even recall whether this happened 20 years ago or in the more recent past?”

The existing case isn’t the only legal challenge facing Ordway.

In mid-January, he was charged with manslaughter in connection with Watts’ death.

The 27-year-old’s body was found in the area of Albert St. and Victoria Cres. near City Hall at the bottom of an embankment on June 3, 2021.

Ordway has a long criminal record in Nanaimo, Courtenay and Surrey dating back to 2005.

Most of his convictions involve property crimes, resulting in several convictions, including multiple jail sentences.

He remains in custody.

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ian@nanaimonewsnow.com

On Twitter: @reporterholmes