Harley's owner furious after sentencing
B.C. paramedic gets conditional discharge after conviction of assaulting two female bar staff
John McFadden
Northern News Services
Friday, August 4, 2017
SOMBA K'E/YELLOWKNIFE
The owner of Harley's Hard Rock Saloon stormed out of a Yellowknife courtroom on Friday, furious after a man convicted of assaulting her and a female bartender was handed a conditional discharge for his offences.
Sara Murphy, owner of Harley's Hard Rock Saloon, was not happy when a B.C. man was handed a conditional sentence after he was convicted of assaulting her and another female bar staff member last year. Murphy says the man has shown no remorse for his actions that night. - John McFadden/NNSL photo |
Sara Murphy and Harley's longtime doorman Daniel Graham were in the courtroom when B.C. paramedic Robert Sutton was spared a criminal record by territorial court Chief Justice Christine Gagnon.
Murphy was punched twice in the head by Sutton on June 10 of last year after she tried to rescue her bartender Trista Nault, whom Sutton had punched and kneed in the face.
Sutton, 57, was in Yellowknife for the annual mine-rescue competition at the time. If he completes a year's probation and 100 hours of community service, he will be spared a criminal record.
Sutton's lawyer Caroline Wawzonek said Sutton is also a volunteer firefighter and the hours he dedicates to that position should be counted toward his community service. Gagnon left the decision on that to Sutton's probation officer.
Crown prosecutor in the case, Jay Potter, had asked for one day in jail and a year's probation for Sutton, who lives in Duncan B.C.
Gagnon noted Sutton testified at trial that he overindulged that night. Court heard he had several drinks at Bullocks' Bistro and the Black Knight Tavern before arriving at Harley's that night.
He also admitted he was on anti-anxiety medication at the time and suggested the drugs, combined with the alcohol had contributed to his actions. Harley's staff had already decided Sutton would be cut off after serving him one beer. He then used a racial slur to refer to the bartender and staff told him he would have to leave immediately.
That led to a wild fight inside the bar where tables and chairs were sent flying. Graham broke his hand in several places while fighting Sutton.
Eventually, five other men, also in town for the mine-rescue competition, helped eject Sutton. He testified the patrons were actually helping him although he admitted to biting one of them as they held him down on the sidewalk outside the bar.
In sentencing Sutton, Gagnon said she believed he had not gone to the bar looking for a fight.
"It was a succession of circumstances that led to Mr. Sutton losing control of himself," she said.
"A term of incarceration would be disproportionate to his extraordinary behaviour."
Outside court, following the sentencing, Potter said he was not closing the door on appealing the sentence.
"Obviously the decision is what it is," he said. "A reaction of frustration on the part of (the victims) is understandable. They were impacted and the court heard that evidence."
Sutton said he was pleased with the sentence.
"Given the circumstances ... That was the fairest decision we could have gotten," he said. "I am not satisfied with being found guilty."
Sutton added he had nothing to say to his victims.
As part of his sentence, Sutton is prohibited from contacting the three victims and from entering Harley's.
