Mika Grgich, left, and Aaron Ceretti are seen in this photo from Facebook.
Image Credit: FACEBOOK
January 28, 2022 - 2:00 PM
A prolific offender who bear sprayed a stranger in a Penticton alleyway before losing the bear spray and having it used against him, was sentenced to 210 days or just under seven months in prison, but he will be released at some point today thanks to credit for time in jail he has already served.
Aaron Richard Ceretti of Penticton, born 1987, appeared in Penticton court today, Jan 28, for a sentencing hearing on charges of assault with a weapon and breach of probation.
Ceretti was in the alley behind Government Street in Penticton on Oct. 21, 2021, when the incident occurred, court heard. He was with a woman named Mika Lee Grgich, born 1986, who has also been charged with the same offences. Grgich's matter is scheduled to go before the court next week.
Court heard that on the afternoon of Oct. 21, the couple were confronted in the alley by a man who deemed that area behind his home to be a haven for drug users. The homeowner saw what he believed to be a drug transaction so he yelled at Ceretti to get lost and stop dealing drugs in that area.
Ceretti was dismissive of the man’s complaints, denied being a drug dealer and asked the man what he was going to do about it, according to the man’s statement to police.
What the man did about it was go into the alley for a closer confrontation. The man exchanged insults with Grgich, who then drove north towards Duncan Avenue. But before reaching Duncan, she placed the PT Cruiser she was driving in reverse and began travelling towards the man at "maximum speed," he told police. It appeared as though she was making small adjustments to her steering to try and strike him.
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The man said he tried to jump out of the way but was clipped by the rear bumper and knocked down. He responded by kicking and punching the PT Cruiser’s driver side door.
Grgich got out of the car, grabbed the man by the neck and then punched him in the right temple region. Police confirmed there was swelling in that area.
The man responded to that by punching the female in the face, court heard.
Ceretti, who was initially travelling away from the scene, decided to return upon noticing the fight. He shouted things like “F*ck you, touch my girlfriend” before pulling out a can of bear spray and using it on the man.
The two men began fighting and ended up on the ground. The man was being punched by Ceretti and kicked by Grgich, the court heard. However the man was able to gain control of the bear spray and use it against the couple, who then retreated.
The man who was beaten and bear sprayed "was somewhat the author of his own misfortunate," defence lawyer West Munson told Judge Michelle Danyluk.
"And ultimately, Mr. Ceretti got sprayed with his own bear spray, so there’s some karma involved in this whole situation."
When the first officer arrived on scene at 3:11 p.m. it was apparent that bear spray had been discharged. The officer met with a woman who was suffering from the effects of bear spray, noticed a strong odour of bear spray was in the air, and said a canister was found on the ground near the police cruiser.
The woman told police that her neighbour had gone back home to shower, and had left his door open so officers could talk with him.
Cont. James Grandy was able to connect the license plate to the PT Cruiser. It was found parked at the intersection of Kensington Street and Nelson Avenue. Grgich was in the vehicle and in possession of the keys. She told officers that her face and eyes hurt from the bear spray.
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Aggravating factors in Ceretti’s sentencing are that he has a criminal record and a “substantial” 19 breaches for bail and probation, Crown council told Judge Danyluk. He also has two prior convictions for assault, and he was in breach of a firearms prohibition as a result of a previous firearms charge.
When asked by Judge Danyluk if he had anything to say he responded, “No I’m good your honour, thank you.”
As mitigating factors, Judge Danyluk noted that it has been “many years” since Ceretti was convicted of a violent crime, and that he has spent a “considerable amount of time” in custody since the date of the offence. She agreed with the joint submission to impose 150 days for assault with a weapon and 60 days for breach of release order.
While Ceretti has been in custody since Oct. 21 – 99 days ago – he was given credit for 149 days on the first charge. He was given an additional 59 days of credit for time served towards the second charge. Since he was in custody the whole time, Judge Danyluk decided to waive the victim surcharge fee.
Ceretti was allowed to serve his two single-day sentences concurrently.
“So Mr. Ceretti … should be released at some point today,”Judge Danyluk said. “I just want to remind you sir that are still on probation until March 2023.”
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