October 09, 2015 - 4:30 PM
Kelowna – A 21-year-old Kelowna man has been sentenced on a charge of assault for pushing the head of a 13-year-old girl towards his crotch.
Zachary Xavier Heise, now 21, was with three friends - two girls, aged 13 and 14, and a boy, 16 - in Vernon in May 2013. Heise was significantly older although you wouldn't know it to look at him, Judge Wilf Klinger said in Kelowna court today, Oct. 9.
“At the time (Heise) looked like he was 15 although he was 19,” defence lawyer Joe Gordon told the court. “He also had the maturity of a 15-year-old.”
Heise admited he bought alcohol for his three underage friends, which they drank outside a school in Kelowna and then they went to Heise’s home in Kelowna where they continued drinking.
“(There was) a lot of dumb behavior, immature behaviour,” Gordon said. “While back at Heise’s residence, he placed his hand on the victims head and guided it towards his penis.”
Heise, who appeared in Kelowna court with his parents, sister and a pastor from Grace Lutheran Church, pleaded guilty to assault. He was originally charged with sexual assault and sexual interference with someone under 16, but because there was no sexual contact, Judge Klinger found him not guilty of sexual assault and the sexual interference charge was stayed.
Crown lawyer Dave Grabavac recommended a sentence of two months to be served in the community followed by two years of probation. Judge Klinger said that was an appropriate sentence for someone with no criminal record and who showed genuine remorse for his actions.
“I know I did bad things and I’m not happy about it,” Heise said in a shaky voice before hearing his fate.
Heise, who has been diagnosed with a borderline personality disorder and depression, will be on a strict curfew for two months followed by two years of probation. During that time he will undergo counselling and stay away from public parks, pools and playgrounds.
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News from © InfoTel News Ltd, 2015