Court hears of fights at dust ball dance
Two men were sentenced Tuesday afternoon for their part in the fights that broke out at the dance following last summer's annual dust ball slo-pitch tournament.
Two men were sentenced Tuesday afternoon for their part in the fights that broke out at the dance following last summer's annual dust ball slo-pitch tournament.
Calvin Hayes, 24, was sentenced to two days time served and one year of probation for assault causing bodily harm and breaching his conditions.
Jesse Ritchie, 27, will serve a 45-day conditional sentence followed by 10 1/2 months on probation during which he must not be in the territory.
He received that sentence for assault causing bodily harm and for breaching his conditions from the dance incident, as well as for an uttering threats charge from a separate incident.
The sentence was proposed as a joint submission by Crown prosecutor Noel Sinclair and defence lawyer Daniel Geller of North Vancouver.
Further charges from the dance against Clinton Derkson and Michael Brereton were stayed.
Assault charges against Kevin Smith from the incident will be dealt with in April.
Before coming forward with the proposed sentences for Ritchie and Hayes, Sinclair reviewed the agreed facts of the case.
It was about 2:10 a.m. last July 16 when RCMP officers were patrolling the parking lot of the Takhini Arena, where the dance was being held, that they received a report of a fight inside the rink.
After the fights had broken up and the police had investigated, they learned there had been four separate confrontations, Sinclair said.
As the dance ended, Smith was involved in a fight with another man, whose friend intervened. Smith and the man's friend then agreed to a consentual fight.
However, when Ritchie and Hayes saw that Smith was on the losing end of the fight, they assaulted him, with Smith eventually joining in, court was told. The man was rendered unconscious in the fight.
Another man ended up with his lip being split and broken teeth in an assault by the three men when he attempted to stop a fight. The incident eventually saw him lose a total of four teeth and require dental surgery.
Eventually everything broke up with everyone except the unconscious victim leaving the arena. He was attended to by first aid personnel before being taken to Whitehorse General Hospital, where he received stitches, Sinclair told the court.
After the charges were laid, the then-five accused men who were before the court were under conditions such as having no contact with one another as well as curfew regulations.
The court heard that last Oct. 7, an RCMP officer stopped a vehicle to find Ritchie in the front passenger seat with Hayes sitting in the back.
On another occasion, RCMP officers were conducting a curfew check on Ritchie, but he didn't answer his door when they knocked.
Though he contacted police the following day to let them know he was sleeping at the time and didn't hear the knock, one of the requirements of the curfew is to respond at the door or phone when contacted.
The charges were amended yesterday so that all of the breach offences were rolled into one for Ritchie.
Ritchie's final charge, from the separate incident of March 2, happened at Peak Fitness, where Ritchie was working out.
Another man Ritchie knows was there, Sinclair said. The relationship between the two is not good, and eventually, at the water fountain, they exchanged words.
Ritchie was overheard by a couple of people saying, Let it be known I'm going to kill you' before he asked the other man to go outside and fight.
The other man never followed up with the invitation to fight, Sinclair said.
The Crown prosecutor described the joint submission as a 'significant concession' by the defendants.
Geller took no issue with the facts presented by Sinclair to Justice of the Peace Wess Rudolph. However, he noted his clients recognized the strict terms of their conditions and had, for the most part, abided by them, even though they are in business together.
Hayes, he said, has no previous record and has lived in the territory for two years working as a musician and writer.
His behaviour on July 16, 2006 was unusual and out of character for him, but the motive sprang from the fact Smith was getting the worst in the fight, court was told. All those involved had been drinking that night.
With the exception of the one count he pleaded guilty to for breaching his conditions, Hayes has remained faithful to those conditions he was ordered to live by and accepted responsibility for his part in the matter by pleading guilty to the assault.
'He apologizes for his behaviour,' Geller said.
Ritchie, meanwhile, has a criminal record for a single count of assault which occurred some time ago, Geller said.
His client, he noted, has been in the Yukon for several years, but is planning to return to British Columbia and requested his probation term include a provision he not be in the Yukon.
Ritchie regrets the incident at the dance and feels guilty for his part in it, Geller said.
While Ritchie doesn't feel he has an alcohol problem, he admits he sometimes drinks to excess. He believes his drinking is under control.
On the uttering threats count, Geller noted the two men involved have a history going back two years.
Ever since the suicide of a woman known to the two, there's been bad blood between the men and there are generally comments made between the two when they come in contact with each other.
It's never been the case that Hayes and Ritchie didn't want to take responsibility for their roles in the fight, but they wanted to make sure they weren't taking on more than they were a part of, court was told.
Sinclair described the file as complicated, with many witnesses and conflicting evidence. A trial of eight days had been set aside in April.
Both lawyers agreed on a 45-day conditional sentence (a term served in he community) followed by the 10 1/2-month probation term for Ritchie.
Among his conditions for the 45 days, he must abstain from alcohol and abide by a curfew of 10 p.m. to 6 a.m.
Though Sinclair argued for a stiffer curfew for the house arrest, Rudolph sided with Geller's arguments that Ritchie has to be able to be out of the house to wrap up things in Whitehorse before he can move to British Columbia.
Among some of the things he has to do is sell his tanning business, Geller said.
The probation order will also include the terms that he not be in the Yukon, that he have no contact with any victims and that there be no contact directly or indirectly with the co-accused while in a commercial establishment where the primary purpose is the sale of alcohol, among other conditions.
Wess also agreed to the proposed sentence for Hayes of two days' pre-sentence custody of time served and the year of probation with the same conditions not to be in contact with any victims and that he not be in contact with the co-accused in a commercial operation where the primary purpose is the sale of alcohol. Hayes will also be required to do 40 hours of community service, among other terms.
Following the proceedings, Sinclair said the Crown has to analyze whether there is a reasonable prospect of conviction in each case, including this one.
That can mean there is a stay of charges where there's no reasonable prospect of conviction, he explained.
There will also be a joint submission made for Smith's case, scheduled for April 13.
Smith was not in court Tuesday.
Be the first to comment