20-year-old gets time served in sword attack on grandmother
The Bragg Creek man who attacked his elderly grandmother with a sword and almost cost her her left foot won’t have to serve any more jail time.
Provincial court Judge Karen Crowshoe on Wednesday agreed with a joint Crown and defence submission that the equivalent of 18 months Marshall Rath has already served is sufficient punishment.
Crowshoe also noted Rath, 20, spent an additional six months on strict bail conditions following his release from the Calgary Remand Centre following a guilty plea in March to charges of aggravated assault and possession of a weapon for a dangerous purpose.
As a result she ordered Rath to serve two years of probation.
Defence lawyer Andrea Urquhart said Rath’s bail time was difficult for him, considering he went from the remand centre to transitional housing downtown after growing up in isolation in the hamlet southwest of Calgary.
Urquhart said Rath was pulled out of school at an early age and home-schooled.
“Mr. Rath was very socially isolated (growing up),” the lawyer said. “As a young boy he had no exposure to peers.”
Urquhart said despite that, Rath was able to maintain his bail conditions while being exposed to things like alcohol and drug use while living downtown.
She said alcohol was the main driving force in his March 9, 2018, attack on his then 79-year-old grandmother.
Crown prosecutor Ron Simenik earlier told court Rath attacked the woman in the Bragg Creek home they shared.
Simenik said Elaine Rath was in bed when her naked grandson came into her room armed with a three-foot sword.
“He had come into her room ... (and) indicated he had had a bad dream,” the prosecutor told Crowshoe.
Rath said “someone was coming to get him, possibly a neighbour,” Simenik said.
“At some point, he began slashing at her with a sword,” court heard.
Despite her severe wounds, the grandmother was able to attempt to escape.
“She was able to get out of her bed and make her way, crawling, to the doorway,” Simenik said.
Simenik said the woman, who has since sold the residence and moved away, suffered serious wounds to her foot and hand.
“Her left foot had been almost severed,” he said.
He told Crowshoe on Wednesday that the victim remains fearful her grandson will attack again.
“She’s just terrified of the accused,” he said. “Ms. Rath is definitely trying to avoid anyone knowing where she lives.”
Among the conditions of his probation is that he seek psychological counselling for issues such as alcohol addiction.
She’s just terrified of the accused. “Ms. Rath is definitely trying to avoid anyone knowing where she lives.