'Troubling' case of mistaken identity leads to charges dropped against man with violent sexual history

All charges have been withdrawn against aman who was accused of disturbingcrimes against a child after further investigationproved he wasn't inCalgary at the time of the alleged offences.

"He's innocent," saidKeegan Spearchief's defence lawyer, Ingrid Hess. "It's very troubling thatpeople will assume guilt."

Spearchief, 34, was accused of performing a sexual act outside a 12-year-old girl's bedroom in Calgary three times in the weeks before he was arrested.

Spearchief has a lengthy record for sexual violence, including rape, against women and girls.

Last month, police issued warrants for Spearchief on charges of voyeurism. He was arrested in Lethbridge days later.

'Very troubling' arrest

But after he was taken into custody, Hess discovered that Spearchief had been in Lethbridge during the alleged offences.

The Calgary police investigation also continued and turned up the same result, according to prosecutorRichelle Freiheit.

Hess called the arrest of the Indigenous man"very troubling" and says it was a clear case of mistaken identity.

"In the current discussions around race and policing this is a young man who already has significant issues in terms of his finding asafe place to be in this society," said Hess.

• Violent serial rapist arrested after man repeatedly watched girl through bedroom window

The biggest piece of evidence police used to identify Spearchief, according to Hess, was an image from a surveillance camera that was taken at night, in the dark.

"Police are supposed to have reasonable and probable grounds before they lay charge," said Hess.

Charges withdrawn at 'earliest opportunity'

Until his arrest, Spearchief had been in the Lethbridge area for months, accessing social services, according to his lawyer.

Spearchief was ordered released from the CalgaryRemand Centre, where he's been held since his arrest three weeks ago.

"After further investigation, the Crown is satisfied that Mr. Spearchief was in Lethbridge around the timing of these incidents and has withdrawn the charges at the earliest opportunity upon having that information confirmed," said Freiheit.

When police announced that he was wanted on voyeurism charges involving a child and was at large, his photowas widely shared by police, media outlets and members of the public.

Spearchief has a long history of violent, sexual acts against women and girls and has been monitored in the past by the Calgary Police Service's high-risk offender program.

His first rape conviction was when he was 17 in 2003.

Since then, Spearchief has been in and out of prison for similar crimes.