Conditional discharge for teen in assault case

DRUG EXPERIMENTATION RESULTED IN POLICE SHOOTING INCIDENT

An 18-year-old man who assaulted a woman and approached police while armed with a knife has been granted a conditional discharge.

Although the Crown suggested placing the young man on probation for a year, Judge Gerald DeBow agreed with defence that a conditional discharge would suffice, and would not result in a conviction as long as he complies with court-ordered conditions.

The man, who can’t be identified because he was only 17 at the time of the incident, was charged with sexual assault, assaulting a peace officer, theft under $5,000 and possession of a weapon dangerous to the public stemming from incidents on Oct. 9, 2015. But he pleaded guilty last November to one count of assault and possession of a weapon dangerous to the public, and was sentenced Wednesday in Lethbridge youth court.

DeBow noted the teen was high and acting out of character when he walked barefoot into a Safeway store on the westside, grabbed a woman from behind and then picked up a 10-inch knife from the butcher shop. “He lost control,” DeBow said. Reading from an agreed statement of facts, Crown prosecutor Bruce Ainscough said the man was at a birthday party at a residence in which 15-20 people between the ages of 16 and 18 were consuming alcohol and drugs, including magic mushrooms and marijuana. At some point during the party the young man’s behaviour changed and he began acting strangely. When some of the partiers left the home to play football at a nearby park, the accused left the group and walked to the Safeway store.

After he left the store with the knife, he walked along Red Crow Boulevard where police caught up to him. He ignored repeated orders to drop the knife and kept walking, until he turned around and “advanced” on police while holding the knife up in the air. He continued to ignore warnings, and when he was about 15 feet from police, an officer shot him three times.

The man sustained a flesh wound to the right hand and thigh and a fractured left femur. Doctors also had to remove a bullet from his neck.

Ainscough pointed out that despite the accused’s actions, he has never been in trouble with the law and is normally well-behaved. Ainscough said the young man is remorseful and doesn’t blame anyone but himself, and understands the police were only doing their jobs.

Calgary defence lawyer Lisa Burgis Der agreed, and said her client would not have gotten in trouble but for his experimentation with a magic mushroom. She noted the man hadn’t breached any of his release conditions over the past year and a half, and he wrote apology letters to everyone involved.

And while the woman assaulted may have suffered some psychological impact, Der said her client was also significantly affected by the incidents.

“This is a traumatic event, being shot by a police officer.”

During the man’s one-year conditional discharge, he must be assessed and receive counselling for substance abuse and psychological issues. He is not to possess any weapons or have any contact with the woman he assaulted, and he is is to attend school or work.