FILE PHOTO

(STEVE ARSTAD / iNFOnews.ca)

A violent altercation in a crowded common area at a local high school nearly two years ago has resulted in aggravated assault charges against a teenager, after the victim was hospitalized with a brain bleed, fractured skull, and other serious injuries.

During a sentencing hearing Monday at the Penticton Courthouse, the accused — now 17 but 15 at the time of the incident — apologized to his victim and the victim’s family.

Following two hours of submissions from Crown counsel Kurt Froehlich and defence lawyer Paul Varga, Justice Dennis Isaac Ferbey said he would deliver his sentencing decision Wednesday afternoon.

Despite the severity of the injuries, the accused is not expected to receive jail time. Froehlich instead recommended a suspended sentence, including 12 to 18 months of probation, 30 hours of community service, a DNA sample submission, and other conditions.

The court heard that the accused had no prior criminal record, expressed remorse, and has been undergoing psychological counselling since the incident on October 3, 2023.

The hearing was held in Youth Court, and a publication ban prohibits identifying the accused or the victim.

According to evidence presented in court, the accused and the victim had both shown romantic interest in the same girl and exchanged heated text messages over several months leading up to the confrontation.

On the day of the incident, the accused approached the victim. After a brief conversation, a fight broke out. The two teens wrestled, eventually falling to the ground with dozens of students watching and recording the altercation on their phones.

The victim sustained a fractured skull and brain bleed and required emergency surgery at B.C. Children’s Hospital.

Two days later, RCMP officers arrested the accused at his home for aggravated assault. He was released on strict conditions, which he has followed for the past 19 months, the court heard.

Froehlich presented three short video clips of the fight, captured from different angles.

“There was clearly bad blood between these two young men,” Froehlich said.

A victim impact statement described the lasting effects of the injuries. 

The victim can no longer participate in sports he once loved, including dirt biking, snowboarding and rugby. The trauma has also hindered his academic performance.

Originally aspiring to become an engineer, the victim has now decided to pursue a career as a mechanic, Froehlich said.

“He continues to suffer,” he added. “This has changed his life.”

While the accused had no criminal history, the court was told he had been involved in four previous fights at school over the past four years. 

Froehlich noted the accused claims he was repeatedly bullied and harassed, prompting him to defend himself in those earlier incidents.

A psychological assessment concluded there was insufficient evidence to diagnose a conduct disorder but noted the teen has issues with authority, including police, teachers, and the justice system. However, professionals assessed him as a very low risk to reoffend.

The accused’s guilty plea also spared up to 22 witnesses from having to testify in a trial that would have lasted five to seven days.

Froehlich recommended a probation period of up to 18 months, 30 hours of community service, $950 in restitution to be paid over a year, a DNA sample, and a three-year weapons prohibition.

Varga, the defence lawyer, requested a shorter probation term — around 12 months — citing the progress his client has made since the incident. He emphasized that the accused has a loving and supportive family and cares deeply for them.

During the fight, both teens lifted each other before falling to the ground. It was unfortunate, Varga said, that the victim landed in a way that caused such severe injuries.

His client “didn’t stop when he should have,” Varga said, adding that the incident would not have occurred without his client’s initial aggression.

The teen, who also suffers from attention deficit disorder, was bullied because he “stood out from the crowd,” Varga said. He has since sought professional help and benefited from it.

He has accepted full responsibility for his actions and is considered a low risk to reoffend, Varga concluded.

When asked if he had anything to say, the accused apologized to his victim and the victim’s family for the pain and suffering caused. He also assured the court that there would be no retaliation.

— This article was originally published by the Penticton Herald

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