PENTICTON - The man accused of a violent assault on a Penticton pizza delivery man will wait until March to hear his fate following a sentencing hearing today.
Dayne Douglas Jones, 28, who pleaded guilty to aggravated assault, assault with a weapon and resisting a police officer, appeared in Penticton court today, Feb. 21, for a sentencing hearing.
The charges stemmed from an incident that occurred late in the evening on Dec.14, 2015.
Crown Prosecutor Nashina Devji told court police were called to Penticton Regional Hospital at 11:45 p.m. after a man entered the emergency ward seeking treatment for knife wounds to his face and left hand.
Brian Booth told police he had been delivering a pizza to an apartment on Westminster Avenue when he was attacked by Jones.
Jones had called Canadian Two for One Pizza earlier in the evening and had ordered a pizza for delivery, but was unable to find his wallet to make payment, Devji said. Jones called the pizza outlet again a short time later, threatening to “strangle” staff if they didn’t deliver another pizza.
Booth, who is also a part owner of the business, made the second delivery. When he knocked on the door he was attacked by Jones. Booth thought he was being punched in the face until he saw blood and realized he was being struck by a box cutter. He was struck several times before wrestling a box cutter away from Jones. Booth then made his way back to his car and drove to the hospital.
Police attending Jones’ apartment found him to be belligerent, uncooperative and threatening, Devji said. He was found to be suffering from a hand wound, which he tried to conceal from police. He was arrested and hurled abusive epithets at police until he sobered up in the detachment's cells.
Devji said the victim needed 30 stitches to close wounds to his face and hand. She said he needed eye surgery as a result of the attack and suffered $15,000 in lost income as a result of the incident. He was also physically and psychologically traumatized by the attack.
The attack also appeared to be a catalyst for change for Jones, who has been engaged in counselling since the incident. Devji said Jones had since demonstrated insight into his behaviour, had entered an early guilty plea to spare the victim having to testify, had steady employment and family support.
She also told the court Jones has a past criminal record of violence, saying the assault was unprovoked and happened just two weeks after Jones had completed probation on another matter.
Devji asked for a sentence of two years imprisonment.
Defence lawyer James Pennington told the court “the lights came on” for his client following the attack, adding he sought drug and alcohol rehabilitation immediately and has been clean and sober since.
Pennington also said Booth’s behaviour wasn’t “square with the facts.”
“He’s not your average pizza guy scrounging to make a living. He’s one of the owners of Two for One,” Pennington said, adding it didn’t make sense for the victim to take it upon himself to deliver the pizza.
“I submit he went to teach (Jones) a lesson,” Pennington said, noting the victim was 60 pounds heavier and skilled in martial arts.
Pennington said the confrontation took place within the apartment and started when Booth kicked Jones, who responded by reaching for the box cutter. He said his client’s actions were excessive, but self defensive in nature, adding Jones was severely intoxicated that night.
Pennington asked judge Gale Sinclair to consider a suspended sentence of two to three years, or a 90 day intermittent jail sentence along with two to three years probation.
Jones, who spoke on his own behalf, said he was regretful of the situation and planned to continue to get his life on track.
Judge Sinclair said he'd been given much to consider and postponed his sentencing decision untile sometime in March.
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