Road rage nets assault conviction

A man who used a steering-wheel locking device to repeatedly strike another man during a road-rage incident in Vancouver has been convicted of assault causing bodily harm.

In October 2009, Tyson Manrico Papalia, a passenger in one vehicle, became involved in a fight with Raymond Truong, the driver of another vehicle, near the intersection of Hastings Street and Commercial Drive.

Papalia, who was initially charged with aggravated assault, and Truong emerged from their vehicles and confronted one another, with Truong carrying the locking device in his hand.

In reasons for judgment posted online, B.C. Supreme Court Justice Catherine Bruce said Truong hit Papalia with the locking device, but his blows were blocked by Papalia’s arm.

“The accused either pushed Mr. Truong to the ground or he stumbled and fell . . . Once Mr. Truong was on the ground, the accused secured the locking device and proceeded to strike Mr. Truong on various parts of his body, including his head, torso and legs.”

Truong put up no resistance as he lay in a fetal position with his hands trying to protect his head while Papalia struck him at least two more times, the judge said.

Papalia, who was 21 at the time of the offence, testified that he didn’t start the fight and was acting in self-defence.

But the judge found instead that Papalia had gone well beyond what was necessary to subdue Truong.

Truong suffered a broken nose and a gash on his cheek and spent five months in rehabilitation.

Sentencing was put over until April.