Samule McIntosh

Image Credit: FACEBOOK/Samule McIntosh

A Vernon man who claimed self-defence in a fight that left one of his victims with a gaping wound four centimetres deep, will spend over two-and-a-half-years behind bars.

Samule Bruce Edward McIntosh, born 1982, had argued he should not do jail time due to his physical disabilities which would not be able to be accommodated in prison.

However, Justice Murray Blok disagreed telling the Vernon courtroom today, Jan. 31, there was "no element to disability relevant to sentencing in this case."

McIntosh had claimed the incident that resulted in him stabbing two brothers in downtown Vernon in August 2016 was self-defence, but a jury disagreed and found him guilty of one count of aggravated assault and another count of assault in May 2019.

Justice Blok said while both sides had different versions of the events ultimately the jury had made their decision. One of the victims claimed there was no fight as he had instantly been stabbed, while McIntosh claimed he was repeatedly punched during the incident.

McIntosh had repeatedly said he did not go looking for the confrontation and the justice agreed.

"This event was not initiated by Mr. McIntosh who was minding his own business," Justice Blok said. "What stands out in this case, is the terrible injuries."

One of the two brothers suffered a "gaping" wound 15-centimetre long and four centimetres deep after being stabbed three times, Blok said.

"One could see the bones of his spine," he said.

A doctor had said it was lucky the stab wounds missed all major arteries and that the victim received immediate medical attention otherwise he may have bleed out. The other brother was stabbed once.

In the months following the incident, McIntosh had been struck by a vehicle while cycling, leaving him with problems walking.

Defence lawyer Ray Dieno had requested his 37-year-old client receive a sentence in the community and do no jail time. Dieno originally submitted the prison system would not be able to accommodate McIntosh as he was largely confined to a wheelchair.

However, following an earlier sentence hearing in October 2019 - in which McIntosh appeared in court in a wheelchair - medical files had been requested in order for the court to asses McIntosh's physical limitations.

Today, Justice Blok summarized a variety of physical and psychological reports in his sentencing.

"(There's no) explanation as to why he struggles with walking," the justice read from a doctor's report.

Blok told the court McIntosh had a lengthy criminal record which included four convictions of assault and one with a weapon, while he was still a youth. As an adult, McIntosh had been convicted of assaulting a police officer four times, as well as another conviction for assault and property crimes.

Blok acknowledged diagnoses of ADHD, fetal alcohol syndrome, personality disorder and a childhood spent largely in the foster care system, as an explanation of why McIntosh led such an unstable life but reiterated his lack of insight into the offence.

"He sees nothing wrong with what he did," Blok said. "This does not bode well."

Ultimately McIntosh was sentenced to three years of jail time, along with a lifetime firearms ban. With time already served, he'll spend two years and nine months behind bars.

Escorted by the sheriff, McIntosh left the courtroom using a special cane.

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