An Osoyoos man found guilty of swinging a hatchet at a former Osoyoos councillor was given one more opportunity to undergo a mandatory psychiatric assessment.
Louis Joseph Lemay was found guilty of assault with a weapon and possessing a weapon for a dangerous purpose in September for the 2009 incident. Crown counsel Nashina Devji had previously told the court she believes Lemay could be suffering from schizophrenia and an assessment could be a critical component on how he would be sentenced.
In January Judge Al Betton postponed sentencing because Lemay did not comply with the assessment. On Tuesday Betton explained to Lemay the seriousness of him complying with the order.
“This is to ensure your sentence is proactive,” said Betton. “Without this the Crown gains ground … if we come back again, unless there is some very reasonable excuse, we will proceed without the report.”
Devji told the court on Monday that the victims in the attack report problems sleeping and have nightmares since the hatchet swinging incident. In a victim impact statement from Alan Carswell he said he believes a repeat attack may occur if Lemay is allowed to live in Osoyoos.
Carswell told the court during trial that had he not back up an inch he would have had a hatchet in his head. The assault took place at Haynes Point boat launch when Lemay approached Carswell and his wife who were winterizing their boat. The hatchet knicked Carswell in the nose.
Lemay is scheduled to return to court on April 6 with a timeline for a psych evaluation and to to fix a date for a new sentencing date.