Man gets eight years for stab­bing that left vic­tim for dead

Ja­son Mount, 36, found guilty of ag­gra­vated as­sault

The Hamilton Spectator - - LOCAL - NATALIE PADDON npad­don@thes­pec.com 905-526-2420 | @NatatTheSpec

Hamil­ton judge who found a 36year-old man guilty of ag­gra­vated as­sault for re­peat­edly stab­bing a man ar­gued he couldn’t dis­count the at­tacker’s al­co­hol, drug and per­son­al­ity dis­or­ders.

Ja­son Mount was found to be crim­i­nally re­spon­si­ble af­ter a 30day psy­chi­atric as­sess­ment, but Jus­tice Stephen Glithero said he still needed to weigh his ad­dic­tion and men­tal prob­lems in his ver­dict and sen­tenc­ing.

“I’m of the view that Mr. Mount’s in­tel­lec­tual chal­lenges and psy­chi­atric prob­lems … are nev­er­the­less real prob­lems,” he told court Wed­nes­day.

Glithero sen­tenced Mount to eight years in prison with credit for time al­ready served, not­ing his pri­mary aim was pro­tect­ing the pub­lic given the “un­war­ranted” na­ture of this at­tack.

“You just can­not act this way,” the judge added.

Glithero found Mount not guilty of at­tempted mur­der.

Mount, who lived with his mom in Burling­ton at the time of the Fe­bru­ary 2015 as­sault, was charged af­ter 57-year-old David Dodds was found by a news­pa­per de­liv­ery per­son cov­ered in blood out­side a home on Prospect Street North. He’d been stabbed 22 times.

“This at­tack was a very se­ri­ous at­tack,” Glithero said, call­ing it “high-end ag­gra­vated as­sault.”

“Mr. Dodds is very lucky to be alive,” he said, adding, “Mr. Mount is lucky Mr. Dodds is alive.”

Af­ter hear­ing Mount’s tes­ti­mony in Jan­uary, Glithero or­dered the psy­chi­atric as­sess­ment be con­ducted at the re­quest of his lawyer, Larissa Fedak.

Mount told court he got into an “al­ter­ca­tion” on Feb. 8, 2015 af­ter his back­pack and coat were stolen, and that video sur­veil­lance footage shown to court did not ac­cu­rately de­pict the event be­cause it had been al­tered.

He said the man who had his back­pack de­manded his money and pulled out a knife. When Mount tried to grab his hand, the man bit him, and he saw “a vam­pire woman with three heads.”

“Mr. Mount may well be­lieve what he told the court ... but I’m sat­is­fied that the ev­i­dence is not ac­cu­rate,” Glithero said.

Foren­sic psy­chi­a­trist Dr. Joseph Ferencz tes­ti­fied Wed­nes­day that while Mount suf­fers from al­co­hol, sub­stance and per­son­al­ity dis­or­ders and an in­tel­lec­tual dis­abil­ity, he does not “present” with a men­tal dis­or­der that would qual­ify him to be found not crim­i­nally re­spon­si­ble.

Dur­ing the as­sess­ment, there were “sug­ges­tions” Mount was fak­ing some be­hav­iour, in­clud­ing talk­ing about see­ing ghosts and say­ing he was re­spon­si­ble for Oba­macare, Ferencz tes­ti­fied.

“But we didn’t feel we had enough ev­i­dence to con­firm that.”

Crown pros­e­cu­tor Kevin McKenna read Dodds’ vic­tim im­pact state­ment. “I am per­ma­nently scarred phys­i­cally and emo­tion­ally,” the state­ment read. “Neg­a­tive emo­tions re­lated to the at­tack per­me­ate my thoughts every day.”

Dodds de­scribes the in­som­nia and night­mares he’s faced as well as the fi­nan­cial loss he’s suf­fered while be­ing un­able to work.

“I feel vi­o­lated and con­temp­tu­ous of the ac­cused and those who could have in­ter­vened,” his state- ment reads. Fedak re­quested her client be sen­tenced to two years less a day so he could go to a pro­vin­cial fa­cil­ity where he could ac­cess the treat­ment he needs.

McKenna asked for an eight- to 10-year sen­tence based on the sever­ity of the at­tack, the na­ture of the in­juries, Mount’s crim­i­nal record and the im­pact the as­sault had on Dodds.

When asked if he had any­thing to say, Mount main­tained he did not cause all of Dodds’ in­juries, but apol­o­gized for cut­ting his face.

Out­side of court, Fedak de­scribed her client’s sit­u­a­tion as the “per­fect storm” — a com­bi­na­tion of men­tal health is­sues, in­tel­lec­tual dis­abil­i­ties and ad­dic­tion strug­gles. “These are al­ways very chal­leng­ing cases,” she said. “It shows the holes in our sys­tem.”

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