No jail time for culprit in fire extinguisher attack

Victim wasn’t injured after being sprayed with foam

A man who doused a stranger with foam from a fire extinguisher shortly after leaving hospital after suffering a concussion was given a suspended sentence Wednesday.

Oleksandr Dragomeretskyy, 37, of Toronto, was charged with robbery after the August 2020 incident on Clifton Hill in Niagara Falls but pleaded guilty to a lesser charge of assault.

He was also sentenced to one year of non-reporting probation.

Dragomeretskyy, a Toronto resident, had no previous criminal record and Crown attorney Michal Sokolski said the victim was not injured. Dragomeretskyy spent one day in custody after he was charged.

“Obviously, there was some harm and discomfort caused to the complainant here, but the brief time in custody, the criminal conviction and the probation should serve to address the principles of sentencing that apply here,” said Judge Deborah Calderwood.

The sentencing principles for judges to consider in criminal court include denunciation, deterrence, the separation of offenders from society, the rehabilitation of offenders and an acknowledgment of the harm inflicted on the victim on society.

“Mr. Dragomeretskyy, you need to understand that if you engage in this kind of conduct again, you will be right back here, and it perhaps won’t go as well the next time,” Calderwood said.

The incident was caused by a “one-off” experiment with crystal meth, and there appears to be no addiction issues for the defendant, who lives with his mother, Sokolski told the judge.

“You can put this behind you and thank your mother,” Calderwood said. “There are a lot of people in these courts, Mr. Dragomeretskyy, who do not have the family support you do, and I hope you are grateful for that.”

A Russian interpreter assisted the court with translation.

When Dragomeretskyy was asked if he had anything to say before sentencing, he replied, “Nyet.”

Defence counsel Christophe Preobrazenski told the court his client had suffered a concussion due to a vehicle collision that morning and had been released from the hospital shortly before the incident occurred.

Dragomeretskyy pleaded guilty in Ontario Court of Justice in St. Catharines in June to the lesser charge of assault.

On Aug. 27, 2020, a man was walking along Niagara River Parkway near Clifton Hill when Dragomeretskyy and a second man approached him. Dragomeretskyy, who was holding a fire extinguisher, demanded the victim hand over his cash. When the man claimed he didn’t have any money, the defendant grabbed a cellphone and unlit cigarette from the man’s hand. When he asked for the return of his property, the defendant swung the fire extinguisher at him several times. He then activated the extinguisher and coated the victim in foam.

Dragomeretskyy and a co-accused then walked up Clifton Hill, followed by the victim, who again requested the return of his property. Dragomeretskyy sprayed the victim a second time and continued walking away.

Charges against the co-accused have been stayed.