Man gets probation for beating grandma

A man who participated in the severe beating of his own grandmother received a sentence of time served and probation, because his grandmother refused to testify against him in court.

Colton Dennis Levi Laliberte, 19, pleaded guilty Tuesday in Saskatoon provincial court to assaulting his grandmother on Feb. 7, 2014 — her 58th birthday.

He was scheduled for trial in January on charges of aggravated assault and break and enter, but the victim was very reluctant to testify against her grandson, Crown prosecutor Lana Morelli said in court.

“There are issues with the Crown’s case,” Morelli said, explaining why the Crown and defence were jointly recommending a sentence of 75 days time served plus 12 months of probation. “(The victim) doesn’t want to testify. This is her grandson, her daughter’s son, and she basically wants this to just go away.”

The grandmother began celebrating her birthday on Feb. 7, 2014, by having some drinks with a neighbour. She then returned to her apartment on Avenue X South and a while later, Laliberte and two of his friends came in, without being invited, Morelli said in court.

The three young men had alcohol and cocaine with them, and after agreeing to try some cocaine because it was her birthday, the woman later asked the men to leave. They refused and got upset.

It’s not clear who started beating her, although it wasn’t Laliberte. Someone put a cigarette out on her leg and someone punched her in the face. She was pushed to the floor and kicked and punched repeatedly.

She suffered a “Le Fort III” fracture, which runs from the front of one ear, across the face, to the other ear, court heard. Both her eyes were swollen shut.

Defence lawyer Lional Kayseas acknowledged the proposed sentence “may seem light given the circumstances,” but said the two sides had worked hard on a resolution, which saw Laliberte plead guilty to the lesser included offences of assault causing bodily harm and unlawfully being in a dwelling house.

“This has put quite a big strain on the family,” Kayseas said. “It caused some tension between the victim here and my client’s mother.”

By entering the guilty pleas, Laliberte — who has a limited criminal record with no prior convictions for violence — accepted responsibility and spared his grandmother from having to testify, Kayseas said.

“He’s not proud of himself, but he’s owning up to what he did.”

Judge Pat Carey had some questions about the joint submission, but given the problems with the Crown’s case, Carey said he was willing to accept the joint submission.

“The court would like to make it clear there is absolutely nothing redeeming about this set of circumstances,” Carey said.

Morelli told court the other two men allegedly involved in the beating have been identified, but they have not yet been charged.

The conditions of Laliberte’s probation include that he obey a curfew for the first six months and perform 50 hours of community service.