Whitehorse Daily Star

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Clinton Derkson

Even the ‘obnoxious' merit protection: judge

The former Whitehorse bouncer who assaulted a drunk patron outside of Coaster's nightclub in the fall of 2007 will go to jail for more than a year,

By Justine Davidson on October 23, 2009

The former Whitehorse bouncer who assaulted a drunk patron outside of Coaster's nightclub in the fall of 2007 will go to jail for more than a year, a Yukon Supreme Court judge ruled Thursday.

Last June, a jury found Clinton Derkson, now of Surrey, B.C., guilty of aggravated assault.

His sentencing was put off until this week because the court had to wait for a pre-sentence report to be filed by the Surrey probation services.

The report was ordered after Derkson's then-lawyer, Dan Geller, asked the judge for a conditional sentence, one to be served outside of jail.

But it was that very report which ultimately convinced Justice Ted Richard to give Derkson, 24, the sentence the Crown prosecutor suggested: 15 months behind bars.

"Although this was a one-punch case, the punch was – in the vernacular – a sucker punch,” Richard said during the sentencing hearing.

He described how Derkson had slugged a very drunk patron in the side of the head as they stood outside of Coaster's, watching another bar employee tussle with the victim's friend.

The young man, a diamond driller from Ontario, suffered a fractured jaw and skull and couldn't work for more than two months after the attack, according to his victim impact statement.

Since the incident, the victim has suffered from "depression, anger, bitterness,” the judge noted.

In his interview with the probation officer who wrote the pre-sentence report, Derkson complained the man had a "glass jaw”, and said he would have done more than just punch him had he known he would go to jail because of it.

Richard was not impressed.

"It is the court's view that this offender does not yet see the seriousness of his conduct,” the judge said after reading the report.

Throughout the interview, Derkson showed a "cavalier attitude toward the justice system and the sentencing process,” the judge said, and "he does not appear to have any empathy for the victim.”

Rather than taking responsibility for his actions, Derkson "appears to blame the Crown witness for his current predicament,” Richard added.

The Crown's case against Derkson was based largely on the eyewitness testimony of another Coaster's employee who said the punch was completely unprovoked.

Shortly after the jury found Derkson guilty, he was once again in court because the woman who testified against him complained he was trying to contact her and she felt threatened. He was ordered not to communicate with her in any way.

In rejecting the suggestion of a conditional sentence for Derkson, Richard stressed the principle of denunciation. He said time served outside the walls of the Whitehorse Correctional Centre would not send the right message to other bouncers who may be tempted to use undue force on drunken patrons.

The sentence given to Derkson should serve to remind those in the security business that "even extremely intoxicated and extremely obnoxious (people) are entitled to protection under the law,” he said.

After hearing his sentence, Derkson hugged his father and sobbed aloud.

Comments (5)

Up 0 Down 2

Debbie Kristensen on Oct 31, 2009 at 3:11 am

Wow I'm so upset about how Clint is being looked at by total strangers who judge people based on news reports that are unmerited. Before leaving White horse and not being charged yet Clint left there knowing it was time to get serious about putting his life on track and feeling upset about the injuries a young man had received. He finished school and graduated and received awards for working with children in a small remote community up north. He has many letters and testimonials from friends and family community leaders as well as doctors and his boss whom he worked for building homes for this commumity as well.He did this before being found guilty and being sentenced to 15 months. There has been a 2 year gap since this happened until now. What does this teach him? If you are found guilty of a crime you are judged and damed to hell by strangers. If you decide to make a change in your life and give back to the community and be apart of society and show that you have learned from this event in your life you will still be damed to hell by strangers and society and that sends out a message to our youth that scares me. We are a generation of dispossible everything lets not do that to our youth as well. We need to teach and heal and encourage our next generation to ensure the saftey of the whole world.We are all a product of our past and if the tables where turned and a microscope was place over your life and total strangers where allowed to judge you based on a ten minute phone interview on your whole life, how would you do!I send my love to all envolved including the young man who was injured.

Clints Mom.

Up 0 Down 2

Robert Derkson on Oct 28, 2009 at 4:37 am

It would be nice if the press would stick to the facts as presented and not fill in blanks to make a story better. You have added things to your story that where not in the pre-senentence report nor heard in the court room.

My son "did not" say that he would have done more if he would have know he was going to jail -- this is clearly fabrication to sell paper.

Clint has stated from the beginning that this was self-defence and just because he was found guilty by the justice system does not mean that he would suddenly change his thoughts surrounding the "system".

I, while certainly not completely objective, beleive that this is a miscarriage of justice and that the sentence does not fit the crime -- and do not believe that the messsage to other bouncers should have anything to do with the sentencing of my son.

In fact, one can look to the otherside of the message which could be interpreted as "come on into our Yukon establishments and do whatever you wish -- because our security or bouncers are not going to do anything to stop you.

I have read all of the statements and documants surrounding this case and admit that I too have a bad taste in my mouth not only surrounding my son's case but the justice system itself, at least as far as the Yukon goes.

This case would not have seen a court room anywhere else based on the facts.

Up 2 Down 0

Aubin Mitchell on Oct 26, 2009 at 6:28 am

I like this judge, he doesnt take crap from no one. Hope the yukon judges learn a thing or two from him. Im glad this punk was sent to jail

Up 1 Down 2

Leah Carlson on Oct 23, 2009 at 4:47 pm

Although I didn't know Clinton in 2007, when this occurred, I know the Clinton of 2009, and I find it hard to believe I am reading about the same young man. Clint is the quietest, kindest and most polite of all the men his age that we know. He was on track to a good, positive life and I'm afraid this judge may have just totally threw that off the rails. I cannot believe that it took two years for this to come to a conclusion. Two years?????

This is one of the saddest things I have ever witnessed.

I just hope that this unbelievably harsh sentence doesn't turn a good man into a bad one.

Up 1 Down 2

francias pillman on Oct 23, 2009 at 8:17 am

What a joke. People who kill people up here get less harsh sentences then that. Judges, give your head a shake, your sick judgments are the real problem with our society.

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