Judge ‘shocked’ by violent attack in Penticton

A judge said he was “shocked” by such “gratuitous” violence in an alleged attack on a pizza delivery man earlier this week.

A judge said he was “shocked” by such “gratuitous” violence in an alleged attack on a pizza delivery man earlier this week.

Dayne Douglas Jones, 27, is facing charges of aggravated assault, assault with a weapon and one count of willfully resisting or obstructing a peace officer relating to events that occurred on Dec. 14. It is alleged Jones attacked a delivery person, Brian Booth, from Canadian 2 For 1 Pizza with a box cutter causing substantial injuries to the man’s face and hands.

“You don’t bring a box cutter to a fist fight,” said Judge Gale Sinclair to Jones, who was sitting in the prisoner’s box with his parents sitting behind him in the courthouse gallery in Penticton.

Sinclair said as serious as the matter is, Jones is releasable. Jones was granted bail on a $5,000 bail with conditions including no contact with the alleged victim, not to consume alcohol and a 10 p.m. to 6 a.m. curfew.

Crown counsel Kurt Froehlich alleged Jones ordered a pizza to his apartment on Westminster Avenue but when the delivery person Booth arrived he could not find his wallet as he had been in an altercation earlier in the evening at Clancy’s Pub and must have lost it. Some time later in the evening it is alleged Jones called Canadian 2 For 1 Pizza again requesting a pizza be delivered and placed a threat on the staff if they didn’t deliver. From information in statements to the RCMP, Crown counsel said Booth returned to Jones’ apartment this time recording the conversation with his phone. Booth said he thought he was punched at first in the face but realized the amount of blood that he was losing and that it was actually a box cutter. After the altercation Booth drove himself to the hospital.

Froehlich said the delivery driver’s reason for returning was that business is slow in the winter season and every sale is important.

The court heard RCMP attended Jones’ apartment where he was found with a cloth taped to his hand with electrical tape. Jones is alleged to have resisted arrest and was “belligerent” with RCMP officers right up to when they took him into the detachment. It is believed he suffered two cuts on his wrist in the altercation with the delivery person and received stitches.

Crown counsel said the RCMP obtained a search warrant for Jones’ apartment and found a bloodied box cutter in a sink, clothes and towels that are believed to have blood on them and a bar of soap covered in blood.

Defence counsel James Pennington argued “all the evidence” points to an altercation inside of Jones’ apartment, contrary to what Booth told RCMP. He said this is why Jones could be heard on the audio recording telling the delivery person “to get the (expletive) out of my place.” And added it could be an issue of self-defence and trespass to property.

Pennington admitted Jones has an anxiety disorder but attends work regularly and his parents have a treatment plan to get his mental health issues resolved.

Jones will return to court on Jan. 6 and is expected to appear in person if the $5,000 bail is made or via video from jail.

 

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