CHARLOTTETOWN, P.E.I. — A 21-year-old man who was involved in an incident that cost a tattoo shop owner part of his leg was sentenced Wednesday to 90 days in jail.
Riley David MacFadyen appeared before Judge John Douglas in provincial court in Charlottetown for sentencing after previously pleading guilty to one count of assault.
Crown attorney Jeff MacDonald read an agreed statement of facts that said MacFadyen was with another man in a vehicle outside tattoo shop Extreme Ink at around 5 a.m. on Dec. 23, 2018.
An altercation ensued with shop owner Donald (Artie) Gautreau, and the court heard the vehicle’s driver allegedly pinned Gautreau to the building's wall before pulling back.
At one point, Gautreau sprayed the men with a disinfection solution and hit the vehicle with an aluminum bar, which broke a window.
During the altercation, MacFadyen hit Gautreau in the shoulder several times with a bat, although those blows didn’t cause any injuries.
Gautreau was later airlifted to hospital in Halifax where part of his leg was amputated because of his injuries from the vehicle.
Last month, Gautreau received a conditional discharge after pleading guilty to mischief for his part in the incident.
At that time, he told the court he hit the vehicle because he felt his life was threatened.
During Wednesday’s proceedings, MacDonald said MacFadyen had been “incredibly active” in his addiction up until he was remanded into custody on June 3.
He also said using a baseball bat in public wasn’t acceptable and it was a serious matter.
“He should have known better,” MacDonald said.
In her submissions, defence lawyer Alex Dalton said MacFadyen wasn’t in the vehicle when the driver put it in motion.
She said he was remorseful for what he did and wants to put it behind him.
“He deeply regrets his actions,” she said.
Before hearing his sentence, MacFadyen stood at the defence table to address the court and said he was sorry for everything that happened.
“I don’t know what else to say,” he said.
Douglas said he accepted that what MacFadyen did didn't cause any injuries, but he was armed with a bat in the vehicle, which suggests he was prepared for some sort of confrontation.
The message needs to be sent to the public that when people resort to violence, they are accepting the risk that someone could be seriously injured, Douglas said.
Along with the jail time, MacFadyen will be on probation for one year, during which time he is banned from contact with Gautreau or the co-accused.
He must also undergo any counselling or treatment as directed.
MacFadyen’s co-accused Sean Michael Lombardi has been charged with aggravated assault and assault with a weapon for his alleged role in the incident.
Lombardi was not in court for his last scheduled appearance during which Douglas issued a warrant for his arrest.
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