A young man who repeatedly kicked a robbery victim in the head as he lay on the ground has been sent to jail, despite his lawyer’s request for probation instead.
Judge John Combs said the crime was too serious to consider anything other than custody.
“In my view, there’s not a reasonable alternative to custody in this situation,” Combs said in Brandon court on Monday. “The facts, in my view, are so horrendous that a period of custody is mandated.”
Even though he’s now 19 years old, the offender can’t be named because he was a youth at the time of the offence.
Crown attorney Deidre Badcock said police were called to Ashgrove Boulevard in the early morning of Feb. 25, 2012.
A resident of a nearby apartment has awoken to the sound of yelling and “thumping.”
He looked out his window to witness two males kicking at and yelling at another in the parking lot next to his building.
They were kicking the victim in the head “like soccer” and stomped on his face before they fled.
The witness was just getting dressed to check on the victim when the attackers returned.
One of them — the offender sentenced on Monday — returned to the victim, who was still lying on the ground. The witness said the offender kicked the victim in the head a further “15 times.”
The offender then took an iPod and digital camera from the victim’s pockets and fled a second time.
Based on a description supplied by the witness, he and a co-accused were arrested nearby.
The young offender still had the victim’s iPod and camera. The arresting officer spotted blood on the offender’s shoe, which was later matched to the victim using DNA testing.
Meanwhile, police had found the bloodied 17-year-old victim at the parking lot.
He was bleeding from his face and mouth, his eyes were swollen shut and he was barely able to speak.
He was taken to hospital with swelling to his head, cuts and bruises, and a broken orbital bone that required surgery. He had the imprint of a shoe tread on his face.
The victim doesn’t remember being attacked, but it appears he was also sprayed with bear mace.
Defence lawyer Jonathon Richert said his client was doing well at school, and life in general, until he was shot three to four years ago by a friend.
The shooting was described as a hunting accident, but the offender believes it was intentional. Richert said it appears no charges were laid in the shooting.
Richert requested probation for his teenage client, while Badcock asked the court to impose jail.
Combs agreed with Badcock, and sent the offender to jail for six months to be followed by three months supervision in the community. That, in turn, will be followed by one year of probation.
Richert noted the co-accused received probation for possession of the bear spray.
Republished from the Brandon Sun print edition September 25, 2013