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(STEVE ARSTAD / iNFOnews.ca)

A Summerland man with no prior criminal record has been sentenced to six months in jail after assaulting another man with a walking stick and smashing the windshield of his vehicle nearly four years ago.

Garret Cole Sedawie, in his early 30s, was found guilty of assault with a weapon and mischief following a trial in April, presided over by Justice Lisa Wyatt.

Although Sedawie spent more than four months in pre-trial custody, he was given credit for six months served, in accordance with Canadian legal custom, which grants 1.5 days of credit for each day spent in custody before sentencing.

Justice Wyatt initially believed her sentence would result in Sedawie’s release. However, it was later revealed that he remains in custody due to an unrelated assault charge, also stemming from August 2021.

During Monday’s sentencing hearing at the Penticton Courthouse, the court heard that Sedawie had no criminal record prior to this incident.

Crown attorney Danielle Borgia had requested a nine-month jail term, while defence counsel Keesha Chase argued that Sedawie should be released on time served and placed on probation.

Borgia noted that the nearly four-year delay in bringing the case to trial was entirely due to Sedawie and his legal team. Three different Crown prosecutors had been ready to proceed earlier, she said.

According to a pre-sentence report, Sedawie struggles with mental health challenges and substance abuse issues.

The incident occurred when a roommate of Sedawie’s mother was packing his belongings to leave the residence. Sedawie wrongly believed the man was attempting to take a family heirloom—a rifle that did not belong to him.

The man denied taking anything that wasn’t his, and Justice Wyatt ruled that he had not stolen anything while moving out.

Sedawie responded by grabbing the elderly man’s walking stick and striking him on the shoulders, causing significant bruising. Once outside, Sedawie used a piece of the broken stick to shatter the man’s car windshield.

Borgia described the assault as unprovoked, stating it caused both physical injuries and emotional distress, including anxiety and fear, for the victim. The windshield cost $300 to replace, which the victim had to pay out of pocket through insurance.

Borgia acknowledged Sedawie’s lack of a prior record as the sole mitigating factor but emphasized his ongoing lack of insight into his actions and their impact.

Sedawie had spent 139 days in pre-trial custody. Using the standard 1.5-to-1 credit formula, Wyatt credited him with 209 days served.

Defence lawyer Keesha Chase agreed that a jail sentence was appropriate but called the Crown’s nine-month recommendation excessive. She told the court that a psychiatric expert had diagnosed Sedawie with schizophrenia, though Sedawie disputes that diagnosis. Nevertheless, he has agreed to monthly injections to help manage his mental health and intends to continue treatment after release.

Chase said Sedawie grew up in a violent household, which contributed to behavioral issues starting in Grade 4. Despite having limited employment history, a family member has secured a job for him post-release. While in custody, Sedawie has held a job in his unit and has become a peer mentor to other inmates.

Before sentencing, Sedawie addressed the court, expressing remorse for his actions.

“I do, in fact, feel remorse,” he said.

Instead of the nine-month term sought by the Crown, Wyatt imposed a six-month (180-day) sentence. Had he not been facing the additional assault charge, Sedawie would have been released immediately based on time served.

Justice Wyatt acknowledged Sedawie’s recent steps toward rehabilitation, including accepting guilt, expressing remorse, and committing to mental health treatment. However, she emphasized the seriousness of the unprovoked attack on an elderly man, which made a custodial sentence unavoidable.

Following his release, Sedawie will be on probation for 18 months. Conditions include:

• No contact with the victim
• No consumption of alcohol or illicit drugs
• Participation in counselling as directed (including for mental health and substance abuse)
• Repayment of the $300 windshield damage by April 2026
• A five-year ban on owning or possessing weapons, firearms, or ammunition

Sedawie remains in custody for the second assault from August 2021 in Summerland. A sentencing hearing for that matter is scheduled for later this month.

— This story was originally published by the Penticton Herald

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