Jail for Canada Day pepper spraying

A silent shrug of his shoulders was the only explanation Kyle Otway provided when asked what he was thinking when he pepper-sprayed a stranger during Regina’s Canada Day fireworks.

“It’s very disturbing,” Judge Murray Hinds said in sentencing the 23-year-old man in Regina Provincial Court this week. Asked if he was drunk or on something, Otway merely shook his head no.

“You really lost control of yourself,” Hinds said. He agreed to impose the sentence jointly recommended by the Crown and defence of four months in jail followed by nine months of probation. Otway pleaded guilty Thursday to assault with a weapon, while additional weapons charges were stayed by the Crown. The 41-yearold victim was out to watch the fireworks around 10:30 p.m. with his family when he noticed an individual, who was part of a group, staring at him aggressively. Otway then lunged at the victim — whom he didn’t know — with his fists raised, Crown prosecutor Chris Davison said. At one point, Otway pulled out a can of pepper spray and fired. But the victim managed to turn, so the spray struck him in the side of the face instead of the eyes. Surprised his victim was unaffected by the pepper spray, Otway told the man, “I will pull out my gun and shoot you.”

He and his buddies then took off. According to information released by police at the time, the victim managed to follow the group until police arrived. In seeking a jail term, Davison noted Otway has a criminal record. Defence lawyer Pearl Baumgartner said Otway has some struggles with attention deficit disorder and depression, although he’s not on any medications. Under the terms of his probation order he must keep the peace, not contact the victim, not have any weapons, and take any recommended counselling, including programs for life skills and anger management.