Unruly pool patron lands probation

An unruly patron who punched the owner of a downtown Penticton pool hall after being asked to leave was sentenced Monday to 12 months’ probation.

Aron Joseph Derksen, 27, pleaded guilty to one count of assault causing bodily harm to Tim Scott on Nov. 11, 2017, inside Cue’s Game Room.

Crown counsel Nashina Devji told the court Derksen and a friend were “highly intoxicated” when they were asked to leave by Scott around 6 p.m. on the night in question.

“Mr. Derksen refused to do so and then, unprovoked, punched Mr. Scott. This was corroborated by other witnesses who were present,” said Devji.

Scott suffered a cut near one of his eyes that required three stitches to close and was later diagnosed with a concussion, court heard.

Devji recommended a sentence of one day in jail, followed by 12 months’ probation.

Defence counsel James Pennington admitted his client was intoxicated and struck Scott, but only after Scott grabbed Derksen by the arm to steer him towards the door.

“When (Scott) didn’t let go, Mr. Derksen punched him,” said Pennington, who suggested a conditional discharge that would have given his client the chance to walk away without a criminal record.

Derksen told the court he was suffering from posttraumatic stress disorder at the time caused by an unrelated assault against him.

“Now I don’t like it when people touch me — especially without my consent,” said Derksen.

“I’m not proud of hitting (Scott), but I don’t like being touched to the point of feeling victimized, like I did that day.”

Judge Greg Koturbash said the offence was too serious to concede to a conditional discharge, and instead landed on a suspended sentence of probation, conditions of which require Derksen to stay away from Cue’s and Scott, plus take steps to maintain his mental health.

“It’s important to send a message to you and to the community that business owners like this find themselves in a very vulnerable situation,” said Koturbash.

“It takes some time for police to attend, and when you have intoxicated people, things can go sideways very quickly, as it did for Mr. Scott on this occasion.”

Scott declined comment on Derksen’s sentence when reached by phone later Monday.