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.

 

Just Posted

Penticton city council gives itself pay raise

Decision was based on recommendation by an external task force that reviewed council’s remuneration

City to review plans for lake-to-lake cycling route in August

Council heard an update on the process to identify a route at the meeting on June 18

MPs hear retired Penticton nurse’s petition to change compensation for fatal medical errors

Teri McGrath wants provinces to implement no-fault system for medical errors

Breaking bread for the final time at Penticton’s Walla Bakery

Beloved baker Ben Manea died suddenly on June 15, bakery to operate for one final week

Oliver man sentenced to 18 months for two firearm offences

Waylon Faulhafer prohibited from possessing a firearm for life and issued DNA order

Murray McLauchlan delights Okanagan crowd

Canadian music icon puts on wonderful two-hour show at Performing Arts Centre

Smoke is reported on Rose Valley Rd. in West Kelowna

West Kelowna Fire Chief says first two grass fires Tuesday were human caused

Life’s work of talented Shuswap sculptor leads to leukemia

Former Salmon Arm resident warns of dangers of chemical contact

Shuswap car dealership seeks return of unique stolen Jeep

The red 1989 four-by-four was taken from Salmon Arm GM’s lot early Monday morning.

College investigates Okanagan physiotherapist

Stephen Witvoet’s matters are currently before the courts

Horgan says he’ll still defend B.C. coast after second Trans Mountain approval

Meanwhile, one B.C. First Nation has announced plans for a legal challenge

Demonstrators on either side of Trans Mountain debate clash in Vancouver

Crowd heard from member of Indigenous-led coalition that hopes to buy 51% of expansion project

Public weighs in Okanagan rail trail parking development

“It was a great evening to interact with the community and hear the input for the property”

Grieving B.C. mom hopes Facebook message leads to new investigation into son’s Surrey homicide

Criminal Justice Branch didn’t lay charges, concluding no substantial likelihood of murder or manslaughter conviction

Most Read