While it’s easy to second guess the decision to charge, the prosecutor would have reasonably expected Howden to say the same things he did before, like the following via Rick Westhead:
Cunningham read a text message Howden sent to Team Canada teammate Taylor Raddysh in 2018 in which Howden wrote, “Dude, I’m so happy I left when all the shit went down. Haha. Man, when I was leaving, Duber was smacking this girl’s ass so hard. Like, it looks like it hurt so bad.”
Cunningham said that in 2022, Howden told an investigator, “I do remember seeing the smack. That was drawing a line for me to leave because I had felt uncomfortable to that point. Once I had seen that, I just wanted to be out of there…”
Cunningham also said that in a 2018 interview with an investigator, Howden said, “I just heard her kind of weeping. I didn’t know what was going on. I went to my room because I didn’t want to be part of anything.”