City man hoping for conditional discharge

By Delon Shurtz on January 20, 2021.

LETHBRIDGE HERALDdshurtz@lethbridgeherald.com

dshurtz@lethbridgeherald.com
A Lethbridge man hopes he’ll only receive a conditional sentence for headbutting another man during a road rage incident two years ago.
During a hearing last week in Lethbridge provincial court, Lethbridge lawyer Wade Hlady said he will ask for a conditional sentence order when his client, Colton Hunter Hemmaway, returns to court in March on one charge of assault.
Although a conditional sentence is considered a jail term, it is one that can be served in the community, and often includes house arrest or curfew and other conditions. If an offender breaches the conditions, he may be ordered to serve the remainder of the sentence in jail.
Hemmaway, who had previously pleaded not guilty to one count of assault causing bodily harm, pleaded guilty to the lesser offence Friday.
Court was told a man saw a woman speed past him in a vehicle about 10:45 a.m. Dec. 18, 2018. The man, who suspected the woman was speeding, jumped into his own vehicle and followed her.
The two drivers repeatedly passed each other until the man pulled in front of the woman and slammed on his brakes, Crown Prosecutor Dawn Janecke told the judge. The woman struck his vehicle and both drivers stopped, but the man got out of his vehicle and began banging on the woman’s window.
The woman called police, then called her boyfriend, Hemmaway, who arrived before police and became involved in an angry altercation with the other driver.
Hemmaway headbutted the man, knocking him to the ground, then left before police arrived.
When police arrived shortly afterward they found the bleeding man still lying on the road.
Hemmaway’s sentencing was adjourned to March 22 to allow time for the preparation of a pre-sentence report.
A pre-sentence report provides the court with details about an accused’s personal circumstances and background, to help the Crown, defence and judge determine a fit sentence.
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