Whitehorse Daily Star

Man sentenced for his part in fights at Dust Ball dance

The final man to be sentenced for the fighting that broke out at the dance following last year's Dust Ball slo-pitch tournament will serve a year's probation term.

By Whitehorse Star on April 12, 2007

The final man to be sentenced for the fighting that broke out at the dance following last year's Dust Ball slo-pitch tournament will serve a year's probation term.

Kevin Smith, 22, was sentenced Wednesday by Justice of the Peace Dean Cameron. The JP agreed to the joint sentencing proposal by the Crown and the defence for the two charges of assault Smith pleaded guilty to.

Another charge of assault causing bodily harm was withdrawn by Crown prosecutor Kevin Komosky.

Smith was also given credit for his one day in custody.

The court heard that last July 16, Smith and another man were in a fight when a third man intervened to stop it. As that person was walking away, Smith punched him in the face, making him fall to the ground.

A fracas then ensued between Smith and the other man he was initially fighting with. Two others joined in to help Smith.

Defence lawyer Lynn MacDiarmid said the facts are admitted. However, she also pointed out the fighting was essentially part of a larger brawl and that Smith ended up getting the worst of the assault in the end.

Smith does accept responsibility for his part in the violence, she said.

Her client has no criminal record and described the fighting as 'out of character', MacDiarmid said.

Born and raised in British Columbia, Smith has been in the Yukon for about a year. He has a Grade 12 education and has taken a course to get his class one licence. MacDiarmid noted Smith has a truck driving job waiting for him in B.C.

Komosky argued for a DNA order and a short ban on firearms. But Cameron sided with MacDiarmid in not going ahead with those orders, noting the lack of a criminal history and the fact there was no indication firearms were involved.

Cameron also acknowledged there may have been a 'mob mentality' in the fighting that marred the dance, held at the Takhini Arena.

Under the terms of his probation, Smith will be required to have no contact with the victims nor co-accused in an establishment where the main sale is liquor. That includes liquor stores, off-sales outlets, bars and taverns.

He must also pay a $50 victim surcharge for each assault for a total of $100.

In March, Calvin Hayes, 24, was sentenced to two days' time served and one year's probation for charges of assault causing bodily harm and breaching his conditions in relation to the fighting at the dance.

Jesse Ritchie, 27, was also ordered to serve a 45-day conditional sentence and 10 1/2 months' probation for charges of assault causing bodily harm and breaching his conditions from the fighting at the dance, as well as for a separate incident of uttering threats.

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