SOMBA K'E/YELLOWKNIFE - A 68-year-old man who smashed car windows allegedly over a dispute with the owner of an auto body shop was sentenced to 30 days in jail by Judge Robert Gorin on Monday in territorial court.

"You should have taken the matter to court and not in your own hands," said Gorin, accusing Antonio Digiacomo of vigilantism. Gorin noted Digiacomo's criminal record with 14 prior convictions, including convictions for assault and property offences.

Prior to sentencing, Crown prosecutor Blair MacPherson asked for an adjournment in order to verify the amount of damage Digiacomo caused, but Gorin declined because the case had been dragging on long enough.

According to the agreed facts of the case, the Yellowknife RCMP received a complaint on June 27, 2010, that someone was smashing windows of vehicles parked at an Old Town auto body shop. When the RCMP arrived, they found Digiacomo standing across the street and arrested him. At the detachment, he told officers the owner of the auto body shop owed him money. "He's not going to screw me over, go ahead and charge me." After an investigation, the RCMP charged him on Oct. 4.

MacPherson said he wasn't able to ask for restitution for the damage because he only received invoices from the complainant for two vehicles, and didn't have any information about any repairs. He also amended the charge from property mischief exceeding $5,000 to under $5,000, and said an appropriate sentence was 15 days in jail and one year of probation that includes a no-contact order with the complainant.

MacPherson read a victim impact statement provided by the complainant. In it, the complainant stated Digiacomo damaged several vehicles parked in the lot except his own, and described the act as full of malice, unprovoked, unnecessary and uncivilized. He concludes by reciting what he calls a famous saying: "The more I know about people, the better I like dogs!"

Digiacomo's lawyer Glen Rutland said his client is retired and has lived on a modest pension in Fort Smith since October 2010. Although Digiacomo has had problems with alcohol in the past, Rutland noted his client has been sober for the past 13 months.

After sentencing, the complainant told Yellowknifer he knew Digiacomo but didn't have a dispute with him as the Crown suggested. Rather, he said the incident stemmed from problems Digiacomo was having with his neighbours.

The complainant also provided Yellowknifer with a summary of damages, which indicated 22 vehicles were damaged, amounting to $16,091.60 for replacement parts, $8,960 for 112 hours of labour and other costs for a total of $31,092.18.

The defence agreed to Gorin's suggestion to allow Digiacomo to serve his sentence on weekends in Fort Smith. Digiacomo also received one year of probation in which he is to have no contact with the complainant.

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