Conditional discharge for mad dad who attacked teens

3-10-2009 Canada:

Hammer used after daughter, 5, molested by friend's sons

A father who literally took the law into his own hands after his best friend’s twin sons molested his young daughter was given a conditional discharge today.

As a result, the 36-year-old Wetaskiwin man – who pulled a gun on the teens and fired it and then hit one of them on the hand with a hammer – will not get a criminal record if he successfully completes 15 months of probation.

Court of Queen’s Bench Justice Sterling Sanderman called the man’s vigilante actions a “most imperfect and foolish solution” to an “emotionally-charged” incident.

However, the judge said “one could certainly understand his anger and frustration” and ruled it would not be against the public interest to grant him a discharge.

“It’s clear he was feeling angry and experiencing extreme betrayal,” said Sanderman.

The judge accepted that the father, who cannot be named to protect his daughter’s identity, was a “God-fearing and peaceful” family man who is ashamed and remorseful.

He also ruled the vigilantism involved was used to find out the truth and to correct wrongful behaviour, “rather than to seek revenge or retribution outside of the law.”

Sanderman put the man on probation for 15 months and ordered he either do 75 hours of community service or make a $1,500 donation to the Youth Emergency Shelter.

As well, he must undergo an assessment to see whether he needs anger management counselling and pay a $300 victim fine surcharge.

He was also ordered to surrender a DNA sample for the national DNA databank in Ottawa and prohibited from possessing weapons for 10 years.

Just before being sentenced, the man apologized, saying he was “very sorry for his actions and very embarrassed.”

He also explained it’s a difficult situation to be put in.

“I think it is very easy for someone to say what they would do if something happened to their children, but I found out for myself that you can say all you want, but until you are placed in that position, there’s no telling what could come to your mind and what actions you might take.”

The man pleaded guilty on Friday to assault with a weapon and careless use of a firearm.

According to agreed facts, he fired off a gun while confronting the boys and then, after drinking half a bottle of booze with their dad, he had the twins put their hands on his truck bumper so he could hit them with a hammer.

The man struck the hand of one of the then-16-year-old city boys with the hammer, but when he tried to strike the other teen’s hand, the boy managed to pull it away.

The following day the boy with the injured hand went to see his school nurse and revealed what had happened and Edmonton police were called.

According to the agreed facts, the two men are the “best of friends” and have known each other for 27 years. The two families visited each other frequently and the twins would often play with the Wetaskiwin man’s daughters.

On March 31, 2007, the twins were visiting in Wetaskiwin and playing in the basement with the girls. At one point, they took turns putting their hand underneath the clothes of the then-five-year-old girl and touching her privates.

Later, the girls’ mom went downstairs and saw her daughter’s pants were partially undone and noted the twins looked like they had been caught doing something wrong.

The girl told what happened after being questioned and the father told the twins to pack up and get in his truck.

During the late-night drive to Edmonton, the man pulled over, grabbed a handgun and told the teens to get out. He then demanded to know exactly what they had done and, after hearing the details, shot off a round.

He then drove the teens home and their father joined them in the truck. At that point both men became emotional and cried while discussing the incident.

The teens were told to get the men a 26-ounce bottle of liquor and, after they polished off half, the Wetaskiwin man asked his pal “what should I do – smack their hand with a hammer?” The friend replied: “It’s up to you – you might get your point across.”

The teens were then told to put their hands on the rear bumper of the truck.

According to the agreed facts, the teen hit with the hammer, who was also the one who initiated the sexual contact, pleaded guilty to sexual assault in youth court and was placed on probation and ordered to get treatment.

The Crown did not proceed with charges against his twin.

Court heard police later executed a search warrant at the Wetaskiwin man’s farm near Pigeon Lake and seized two rifles, a shotgun and two handguns, all which were unsafely stored, and ammunition. ..News Source.. by TONY BLAIS, COURT BUREAU