Kyle O'Brien is charged with assault for dragging a nightclub patron outside where he was knocked unconscious by another man.
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October 20, 2017 - 4:08 PM
KELOWNA – A Kelowna man and a bouncer at a local nightclub found out their punishments today for their roles in a 2014 assault that left a 23-year-old man in a coma with a fractured skull.
On the night of Sept. 6, 2014, Steven Kaplan got into two separate fights with Michael Martin, who is 5’10” and 130 lbs. Justice Alan Betton ruled in March that after the fights, Kaplan arranged for a friend, Steven Edward Kollie, to assault the victim.
Kaplan also enlisted the help of Sapphire doorman, co-accused Kyle O’Brien, to remove Martin from a nightclub so the assault could take place. O’Brien was caught on video dragging the victim out by his head.
Once outside, Kollie knocked the victim out with a punch before fleeing the scene.
Crown prosecutor Dave Grabavac said in Kelowna Supreme Court today, Oct. 20 that without their help, the assault could not have taken place.
“They were responsible for him to be in that vulnerable position,” Grabavac said.
Although Kaplan told police he was “surprised” when the assault occurred, video footage played during the trial shows him walk casually away from the victim's unconscious body.
O’Brien also saw the assault take place, knew the victim was injured but did not help.
A five-page victim impact statement from Martin says he spent more than two weeks in a coma and that the head injury had a "devastating effect" on him.
"His life has gone… down in a spiral," Grabavac said. "It’s done permanent damage. He'll never be the same person.”
Kollie was convicted of aggravated assault in May last year for throwing the punch and was given a five-year sentence.
For the aggravated assault, Steven Kaplan was sentenced to eight months in jail. For the simple assault, Justice Alan Betton sentenced Kyle O'Brien to one year of probation and a $3,000 fine.
An aggravated assault charge carries a maximum sentence of 14 years, while five years is the maximum sentence allowed for simple assault.
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News from © iNFOnews, 2017