Trump supporter jailed for assault
Victim was punched and kicked in the head for trying to take sign at demonstration at Brock
A Trump-supporting protester who punched and kicked a man in the head while he lied on the ground at Brock University will spend 90 days in jail.
Fredrick Bracken, 40, of Fort Erie was convicted of assault causing bodily harm on Aug. 27. He was back in Ontario Court of Justice in St. Catharines Tuesday for sentencing.
The conviction arose from Bracken’s one-person protest at the university on Nov. 1, 2016. Bracken, megaphone in hand, was holding a large sign that read, “Trump is right: F—k China. F—k Mexico. Save Our Jobs” near the international student’s centre.
He attracted a crowd of angry students when the victim grabbed Bracken’s sign.
Bracken responded by slugging the victim in the face. After he fell to the ground, Bracken added four more punches to the head before bystanders intervened by pulling Bracken
away — but not before he kicked the victim in the head.
“I apologize to the court, but I would be lying if I said what I did was wrong,” Bracken said. “What happened was a fright or flight response. To this day, I don’t remember what I was thinking.”
Bracken accused Judge Peter T. Bishop of giving people who disagree with his political views “carte blanche” to rob him and assault him.
He told the judge he wasn’t a “threat to the community,” and a jail sentence would be of no benefit to society — or himself.
“I guarantee you this — I won’t be protesting again in Canada because of what happened,” he said. “If I am assaulted again, I am going to end up here, and the person who assaults me will turn state’s evidence. It is very intimidating.”
Bracken asked the judge for a conditional discharge or, failing that, home arrest or an intermittent sentence followed by a short probation.
“You continually believe you are the victim, and you don’t address what I saw as a judge,” Bishop told Bracken. “I find you don’t understand the seriousness of your actions.
“General deterrence and denunciation must be one of the prime motivators in your sentencing. You aren’t being punished for protesting. You are being punished for causing bodily harm.
“This was a significant event for the victim, who still suffers from anxiety and is still going to the dentist because of this.”
At the beginning of the trial in August, Bracken refused to enter a plea and walked out of the courtroom. Bishop responded by entering a not guilty plea on Bracken’s behalf, and moving forward with the proceedings.
Assistant Crown attorney Jeffrey Levy asked Bishop for a sentence of four months with three years of probation.
Bishop gave Bracken 18 months’ probation on top of the 90-day jail sentence. He issued a no-contact order for the victim and a witness, and ordered Bracken to stay at least 50 metres away from Brock’s campus — unless in a passing car or enrolled as a student.
Bracken complained to the judge that the justice system has left him feeling as he can no longer participate in Canadian society. He said he won’t ever again feel comfortable protesting or holding a sign on public property.
“I don’t want probation for too long, because when this is done, I am moving back down south to Florida,” said Bracken, who holds dual citizenship.
He also voiced his displeasure with police because they didn’t charge the victim with robbery or assault.