House arrest for assault at Tims ‘over a muffin’

A 20-year-old man expressed remorse during his court sentencing on Thursday for assaulting Tim Hortons employees in Brandon after he was denied a free muffin.

Court heard Nicholas Genaille was under the influence of crystal meth and alcohol when he repeatedly punched staff in an incident that occurred nearly 10 months ago.

“I just wanted to apologize for my actions that day. I was in a horrible state, and I would never do something like that in a clear mind state, and I just want to never go down that path again,” he told a provincial court judge.

On Nov. 15 at 9 p.m., Brandon police were called to the Tim Hortons location on First Street and saw several employees pinning Genaille to the ground outside the business, said Crown attorney Easton Lacey.

After speaking with staff and reviewing video surveillance, police determined Genaille entered the premises and demanded a free muffin from an employee working at the front counter, she said.

When the employee didn’t give him the free muffin, he tried reaching behind the counter into the display case to get the item himself. Then staff directed him away from the lobby area.

“Mr. Genaille became agitated and began to push the employee and then started punching the employee in the upper body numerous times,” Lacey said.

Additional staff stepped in to break up the fight and try to remove him from the restaurant.

“While doing so, he continued to punch and push staff in the … vestibule area between the doors, and then they ultimately got Mr. Genaille outside,” she said.

“He continued to punch staff until he was taken to the ground and held down by three employees.”

At that point, a staff member saw a seven-and-a-half-inch hunting knife sticking out of Genaille’s pocket, Lacey said.

Video surveillance showed staff remove the knife and throw it away from the accused.

Genaille pleaded guilty to assault and possessing a concealed weapon on May 25.

The Crown and defence made a joint recommendation for a conditional sentence of four months of house arrest followed by 18 months of supervised probation.

Lacey said the assault was “serious,” but added the suggested sentence was appropriate and still addresses deterrence and denunciation.

Defence lawyer Bob Harrison said his client is terrified of going to jail and has promised to abide by any imposed conditions.

He said Genaille doesn’t remember any part of the assault because he was intoxicated by alcohol and crystal meth, but he’s taken accountability for his actions and is making positive steps in his life.

Since the incident, he’s been sober and has been accessing medical support, Harrison said.

Judge Patrick Sullivan accepted counsels’ joint recommendation and emphasized he didn’t want Genaille to view it as a “light sentence,” noting that he would finish any remaining time in jail if he breached probation.

“This is a very serious situation,” Sullivan said.

“People go to Tim Hortons to work. They don’t go there to get assaulted over a muffin.”

Sullivan said he was puzzled while listening to the facts in the case until he learned alcohol and drugs played a role and the accused had no recollection of what happened.

“That helps me understand what’s going on because this is not normal or sober behaviour,” he said, adding that having a knife in his possession was a “toxic combination.”

He ordered Genaille follow conditions not to attend any Tim Hortons location in Brandon, abstain from alcohol and drugs and not possess any weapons. Genaille must also abide by a strict curfew with exceptions for medical emergencies, employment or approved outings.

» tadamski@brandonsun.com