The Peterborough Examiner

Accused in cyclist beating returns to court next month

- JASON BAIN EXAMINER STAFF WRITER - with Examiner files jabain@postmedia.com

The case of an Inglewood Road man charged after a 71-year-old cyclist was beaten with a small club on Erskine Ave. on July 18 in an altercatio­n captured in a video that quickly went viral will return to court next month.

David Fox, 65, faces charges of aggravated assault and assault with a weapon.

His case was briefly addressed early Wednesday afternoon before Justice of the Peace Jason Mariasine in Peterborou­gh Ontario Court of Justice and adjourned until Jan. 10.

The accused, who is being represente­d by Toronto-area defence lawyer John Whelton, was not present as the matter was prosecuted by assistant Crown attorney Jim Hughes.

Fox was also not present when the case was in court Aug. 24, Sept. 22, Oct. 18 and Nov, 15.

A 71-year-old man was riding his bike when he and a pickup truck driver began arguing. It’s alleged that the driver hit the cyclist several times with a small fish club, city police said.

People nearby intervened and the driver left the area in his truck.

Paramedics treated the cyclist and took him to hospital as police sought a suspect. A man was located just after noon at his home.

The operator of a nearby business shot video that went viral.

“Hey, listen. I’m filming all of this,” the woman says as she approached the scene.

After asking if the man on the ground is OK, she turned to the man with a fish bat in his hand and said, “You just hit him with a club.”

“I tried to walk away,” the man responded as he put the club in his pocket and walked back to his truck and got in.

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