Judge reserves sentencing decision for assault in gang-style attack

By Delon Shurtz on November 16, 2021.

LETHBRIDGE HERALDdshurtz@lethbridgeherald.com

Sentencing of an 18-year-old man who was only a youth when he stabbed another boy in the back during a gang-style attack in December 2019, has been adjourned until the new year.
The man, who can’t be identified because of his age at the time of the stabbing, pleaded guilty in February to one count of aggravated assault, but his sentencing hearing was adjourned. During a hearing Monday in Lethbridge provincial court, Crown Prosecutor Drew Gillespie recommended a sentence between 12 and 18 months, while Lethbridge lawyer Darcy Shurtz suggested a sentence of nine months, with time already served.
Judge Kristen Ailsby reserved her decision until Jan. 12.
Reading from an agreed statement of facts, Gillespie said the accused was part of a group who was celebrating a friend’s 18th birthday on Dec. 5, 2019 at her northside apartment. At some point in the evening, the group decided to confront another youth and arranged for the birthday girl and the victim to meet nearby. Although another youth at the party was the primary instigator and planner of the confrontation, he did not stab the victim, but gave a knife to the accused who did.
As the woman and victim walked down an alley, the accused was handed the knife and he ran up behind the victim and stabbed him three times in the back. Members of the group also punched and kicked the victim numerous times while he was being stabbed.
The victim was paralyzed from the waist down and flown to Foothill Hospital in Calgary where he remained for several months, and to this day still suffers the effects of the attack.
Gillespie, referring to a pre-sentence report on the accused, suggested the man minimizes the injuries he inflicted on the victim, has not taken any counseling and does not believe he needs any, doesn’t believe his anger is a major issue, and has not changed his life since the offence, evidenced by breaches of his release conditions.
However, Shurtz said his client has changed. He said the man is remorseful, and always intended to plead guilty, unlike a co-accused who only pleaded guilty on the day of his trial, and received a nine-month sentence. The accused also provided police with a full confession and described what happened and who was involved.
Shurtz suggested his client should receive the same sentence as the co-accused who handed him the knife and participated in the attack.
The Crown pointed out, however, the accused has a previous criminal record, while the co-accused does not.
Gillespie also opposes Shurtz’s recommendation that the accused be given credit for the time he was on release but under strict conditions, including house arrest, which is considered a form of custody. Gillespie said the accused was on warrant status for a year after he breached his curfew, and should not be given any credit during that time since authorities don’t know if he was obeying his release conditions.
Shurtz admitted his client breached his curfew on one occasion, but he continued to obey his release conditions during the time he was on warrant. He added the Crown cannot simply infer the breach means the man was not obeying his conditions.
“The benefit of the doubt goes to the accused,” Shurtz said.
Shurtz said his client has already served his sentence, given his time spent under curfew and house arrest, but he suggested the judge could place him on probation, as well, which could require him to receive counseling and help him gain the insights he lacked at the time of the attack.
“He’s leaps and bounds ahead of where he was two years ago.”
Another man who participated in the attack and who was 20 years old at the time, pleaded guilty shortly after the incident to aggravated assault and theft over $5,000, and was sentenced to 16 months in jail, minus 13 and a half months for time he spent in pre-trial custody.
Trinity Savard, the woman accused of meeting the victim just before the attack, was charged with aggravated assault and stood trial earlier this year. The judge is expected to deliver his verdict later this month.

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