Whitehorse Daily Star

Injured man repeatedly kicked in head, neck

Drunk and spoiling for a fight outside the Kopper King Tavern, Michael Brereton stomped an unconscious man's head into the pavement before kicking him repeatedly, territorial court heard Thursday.

By Whitehorse Star on May 14, 2004

Drunk and spoiling for a fight outside the Kopper King Tavern, Michael Brereton stomped an unconscious man's head into the pavement before kicking him repeatedly, territorial court heard Thursday.

Rather than proceeding with the scheduled preliminary hearing that morning, 20-year-old Brereton admitted to aggravated assault by wounding his victim, as well as assaulting the injured man's friend.

Calling the attack a 'brutal assault,' Deputy Judge Dennis Overend agreed to the Crown's and defence's joint suggestion of a 21-month conditional sentence. Overend also agreed to a three-month concurrent term for the simple assault conviction.

For the first 14 months, Brereton will essentiallybe under house arrest, permitted to leave his home only for work and medical emergencies.

When suggesting the community term rather than regular incarceration, prosecutor Kevin Drolet noted Brereton has only one minor criminal conviction for possessing stolen property. He obeyed 'stringent' bail conditions for nearly nine months after charges were laid, Drolet added.

Contact with his two victims and others who may be called as witnesses against a co-accused is forbidden, as is attendance at bars.

Drinking, something that led Brereton to the aggravated assault charge, is also off limits to the young man.

Shortly after 1 a.m. last June 7, staff at the Kopper King bar kicked out Brereton, Keith Fenton, Brian Wagg and John Vanderheide after a disturbance inside.

More mayhem ensued outside the bar's entrance just as Ryan Milward and Haley Mitander happened to arrive at the Kopper King with several friends, including Scott Brandel.

Mitander tried to stop a fight that broke out between Brandel on one hand and Brereton and Fenton on the other. She got into an argument with Brereton, who told her he was 'not afraid to hit a woman.'

He then made good on his statement and slugged her in the face with his already-bloody fist. She suffered no serious injuries, said Drolet.

Upset, Mitander turned to Milward for help.

While she spoke to her friend, one of the combatants ran at Milward from behind and punched him with a closed fist to the back of the head or neck.

Knocked unconscious, Milward fell the the ground, his head smacking the pavement.

As soon as Milward hit the ground, Brereton stomped on his head before repeatedly kicking the downed man in the head and neck along with two other males, the court heard.

When RCMP officers arrived and found the melee, they arrested Fenton after their initial enquiries.

Mitander helped the officers give her still-unconscious friend first aid until paramedics arrived.

Once Fenton was sitting in the back of a police car, an 'intoxicated and aggressive' Brereton walked up to the officers and said he'd been assaulted, said Drolet.

Police arrested Brereton for causing a disturbance and tossed him in the detachment's cells for the night. Once he'd sobered up, the RCMP released him the next morning without charges.

Further investigation resulted in the aggravated assault and assault charges two months later.

Drolet stayed a third charge, for breach of probation. He asked that the judge simply consider the fact Brereton was on probation at the time of the Kopper King kerfuffle as an aggravating factor.

Defence counsel Bob Dick said the young man moved to the Yukon almost two years ago. He promptly met 'the wrong people at the wrong time,' Dick said, and pointed out his client was drunk at the time.

The attack on Milward resulted in three fractures to his skull, two fractures to his jaw, a large cut to the back of the head and a fractured fourth vertebrae.

Though he was also left bleeding between his skull and brain, which was also bruised, Milward has since fully recovered.

Both Milward and Mitander declined to write victim impact statements.

By pleading guilty, Brereton prevented a trial that could have involved 10 police witnesses and two dozen civilians, including three doctors, noted Drolet.

Charges against Wagg and Vanderheide have already been dropped.

Fenton is still facing the aggravated assault charge, though he's currently at large after failing to show up for court in late January.

However, Drolet said he expected the 36-year-old Fenton will be brought back before the courts 'very shortly.'

Brereton's conviction brings a mandatory 10-year firearms prohibition as well as the requirement to provide a DNA sample for the RCMP's national databank.

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