(BEN BULMER / iNFOnews.ca)

Justice Terence Schultes said it was "frankly, somewhat of a miracle" that Vernon resident Gaered Petruk didn't kill an 18-year-old youth he'd repeatedly beat with a small axe.

At the Vernon courthouse, Sept. 8, the Justice highlighted the ferocity Petruk used when he stomped on the teen's head before raining multiple blows with the hatchet.

The Justice described the attack as a "vicious and sickening assault" and said Petruk appeared completely "unhinged with anger" as he attacked the teen whose body lay unresponsive in the forecourt of a Vernon gas station.

What was said to be an act of vigilantism had quickly turned to extreme violence.

READ MORE: Beaten with an axe: Vigilantism turns to extreme violence in Vernon

Petruk appeared in court today via video from custody waiting to see how much more time he'll have to spend behind bars.

While the attack was captured in clear colour surveillance footage, the details that led up to the attack are far murkier.

What is known is that the teen, masked and holding a hatchet, turned up at Petruk's house at 4:30 a.m. in December 2020. He was captured on the home's surveillance camera.

The teen was joined by a homeless man, who throughout the course of the investigation was never identified.

At a previous court appearance, the teen had told the court he was there for "revenge" and paid the homeless man $50 to help him smash Petruk's vehicle up. The teen admitted he had a machete in his bag.

The court never found out what that revenge was for and the teen only said he wanted to know "why I ended up in that house." He never said what took place in the home and the teen and Petruk did not know each other.

The 18-year-old had said he was there to "smash up" Petruk's stuff but denied ever entering the house.

Petruk's defence lawyer Justin Dosanjh disagreed and argued the teen did enter the house and Petruk's girlfriend Sarah Hoard saw the teen standing in her kitchen, his face covered with a mask, his hood pulled over his head, and carrying a hatchet.

She screamed and the teen fled and Petruk chased after him.

Two blocks later the teen tripped in the forecourt of a gas station and Petruk attacked him, stomping and kicking him in the head, before hitting him several times with the blunt end of the hatchet.

Petruk then dragged the teen back to his home and the police arrived.

The teen spent almost a week in hospital but miraculously didn't suffer long-term injuries.

Two months later, Petruk and Hoard were charged with aggravated assault, although charges against Hoard were later dropped. Petruk has remained in custody since.

The 18-year-old victim was never charged with an offence.

Justice Schultes ruled video evidence showed the teen didn't enter the house, although they were at the property.

"To have armed masked intruders skulking around one's property in the early hours of the morning and damaging one's vehicle before fleeing can certainly instill considerable fear and anger in anyone," the Justice said. "Even though his ultimate response amounted to a gross overreaction in the circumstances I accept that... the original negative interaction with (the teen) was not of Mr. Petruk's own making."

However, the Justice said Petruk's vigilantism would not be tolerated.

"Others that might be inclined to act out in this manner must receive the message that serious consequences will resolve," the Justice said.

The defence argued Petruk had been seriously provoked by the teen and that should lessen Petruk's jail sentence.

The court heard that Petruk had called the police several times previously as people he assumed to be connected to Hoard's ex-boyfriend had been harassing the couple.

He said the police hadn't done anything.

Petruk said he knew he could have shut the door and called the police.

"I wasn't thinking anything out... I thought he was a threat," he previously told the court.

The defence argued the teen's provocative actions should lessen Petruk's jail sentence.

The court heard how Petruk had grown up in an unstable home, his mother was an alcoholic and his dad took drugs and drank. He left to live with his grandparents but they kicked him out when he was 15 years old for smoking pot.

He then lived on the street and has subsequently been convicted of multiple property crimes. More recently the 33-year-old was convicted of assaulting a former girlfriend.

However, he had worked over the years and currently ran his own property maintenance company.

The Justice said he had shown genuine remorse and had insight into his actions.

However, the Justice said the repeated violence to the incapacitated teen set this case apart.

"Even acknowledging the presence of initial provocation, the gratuitous violence, and completely unhinged nature of the actions... (he) could have got a higher sentence," the Justice said.

The defence wanted a sentence of time already served, while the Crown wanted 36 months jail. The Justice sided with the Crown. With time already spent in custody, Petruk will spend another seven months in jail.

READ MORE: No jail for low-level Vernon carfentanil dealer

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