ATHABASCA — A local man received one year of probation in lieu of a custodial sentence after punching another man in the face unprovoked.
31-year-old Adam Merrier pleaded guilty to one count of assault in Athabasca Court of Justice on Sept. 3 as part of a joint submission between Crown prosecutor Eric Mosley and defence counsel Andrew Zebak.
Merrier’s plea came less than three weeks after the incident, which took place near Athabasca’s Red Apple store on 50 Street on Aug. 21. Merrier was walking his dog down the nearby alley when he came across a civilian making a delivery to the store.
Unprovoked, Merrier punched the man in the face, and when asked what his problem was, he retorted, “You wanna know?” before walking away. The man received a split lip as a result of the punch, and the incident was observed by a Red Apple employee.
Mosley submitted Merrier’s criminal record for Justice Jeffrey Champion’s consideration: “One count of assault causing bodily harm, but that was from February 2019, so that was over five years ago.”
The Crown also cited four convictions of failure to attend or comply with release orders from 2014.
“In my view, a suspended sentence with 12 months’ probation, rehabilitation-focused, given the dated record, I think is fit and appropriate here,” said Mosley.
Merrier, a member of Cadotte Lake First Nation, waived his right to a Gladue report, but Zebak made several submissions on his client’s behalf.
“He has a diagnosis of schizophrenia, he has been under care of a physician since his diagnosis, which was some time ago and has been the source of his involvement in criminal behaviour,” said Zebak.
“The whole point is to keep him in the care of the physician and keep his medications balanced, so it is a sentence in the line of restorative justice for Mr. Merrier, given his underlying psychiatric conditions,” Zebak added.
Zebak noted his client is a second-year carpenter apprentice, and although Merrier is on Assured Income for the Severely Handicapped (AISH) as a result of his diagnosis, he does work part-time when able. Zebak requested his client not be charged a victim-fine surcharge, an ask Justice Champion granted.
“I’m satisfied that what is put forward is a fit and appropriate sentence given the circumstances that does deal with the issues, particularly in relation to potential rehabilitation in light of Mr. Merrier’s diagnosis,” said Champion.
Merrier’s suspended sentence includes standard conditions, as well as orders to not be found intoxicated outside his residence, attend accessory mental health and anger management treatment, and have no contact with and avoid places frequented by the man he punched.
