One of three people involved in an assault that left a Port Alberni fisherman with a broken leg last May has been sentenced.
The youth, who was 17 at the time of the offense and cannot be named, pleaded guilty to common assault in Port Alberni Provincial Court on Jan. 28. He received one year’s probation as well as a series of other measures including having no contact with the victim, Bert McCarthy, 41.
“There has also been some talk about probation services speaking with Nuu-chah-nulth Tribal Council officials about where his community work will be completed,” Provincial Crown Prosecutor Christina Proteau said.
The youth was originally charged with assault causing bodily harm but pleaded guilty to a lesser offense on Monday.
Judge T. Gouge said that the man’s youth and lack of a previous criminal record factored into his decision to accept the lesser plea, Proteau said. “It was also difficult to pinpoint who exactly caused the injury,” she added.
On May 12, 2012, McCarthy, was swarmed and assaulted by four men outside of the Petro-Canada gas station on River Road. He was taken to hospital with head injuries and one leg that was broken in several places.
An off-duty police officer broke up the altercation. The four men fled but police later tracked them down using security camera footage of the incident. Three of the men — one adult and two youths — were charged. The fourth man, whose name wasn’t made public, wasn’t charged.
The second youth involved in the incident appears in court for a trial confirmation hearing on Friday.
The adult, Matthew Labadie, 21, next appears in court in March.