7 Youth receives house arrest | for his role in brutal assault “By MARGARET SPEIRS “THE ONLY youth to be - posiivel ‘identified in the ‘bratal attack on a City of ’ Terrace . snowplow operator — : two years ago has been given “what’s called a deferred. custodial ‘sentence of four ‘months. — , The young man, who can- - not be identified because he - was a minor when the crime : occurred, won't be going to . jail but will have to live at an , approved private residence “° "handed down by provincial -; court Judge Ed de Walle. a . .He’s.to have no contact "directly or. indirectly with | ‘victim James Falardeau or -be in a residence’ occupied by Falardeau, abide by a :curfew from 10 p.m. to 5 feels bad about what hap- . pened,” Roth told the court. The assault happened ’ two years ago and since then several positive things have © happened in his client’s life, * Roth told the court. “He is seeking ‘to be a productive member of so- ciety,’ he said. “He hasn’t been involved in anything “serious since [the assault].” ‘Roth submitted that a ‘deferred custodial sentence would be appropriate for his _ client and shouldn’t be seen ‘and abide by a list of rules - as a slap on the wrist. abide by about 15 condi- tions and if he violates any, he goes directly to jail, Roth told the court. Before handing down the vo edged the seriousness of the crime and the injuries suf- . fered by the victim. “It is accepted that you’re not the one who struck the actual. blows,” de Walle . Said. He acknowledged - that other youth were present but that the defendant ini- tidlly confronted Falardeau and encouraged the others to " that the accused didn’t have a prior youth criminal record for violence. kick him in the head once he was on the ground: ..“As a result I found you to be party to assault causing bodily harm,” de Walle said. . His client would have to | -sign. an order agreeing to When testifying, the ac- cused admitted to consum- ing a considerable amount - ‘of alcohol and acting like a drunken idiot, de: ‘Walle told the court. © sance that escalated to as- sault causing bodily harm to Mr. Falardeau,” he said. because Mr. Falardeau was just going about his business cleaning - city . streets’ when confronted by you and the others and he. wasn’t really in a situation to defend him- self.” you I would have sentenced you to a term of actual incar- ceration,” he said. . cused has taken counsel-'” ling for substance abuse, saying ‘that was a positive factor in the accused's s fa- , vour. on: _ “Probably the. incident, started as a prank and nui-. “It’s very unfortunate De Walle acknowledged “If there was, I can tell He noted that the ac- The Order of Terrace is given to select individuals in recognition of outstanding contributions to the well- ‘being of the City of Terrace, and to recognize significant . achievement and service to the community in a wide. variety of fields, including (but not limited to) business’. and entrepreneurs, arts and entertainment, science and academics, health and’ education, sports and — _youth leadership, volunteer and community service, | and charitable donations.: , Ifyou know someonethat you feel should be considered’ Y for the Order of Terrace, please submit their nomination (in confidence) before April 21, 2006* to: . “Nominations previously submitted will also be considered; ~ however If information on the individual has changed, please ‘contact the City to provide updated information. °° / y CITY OF TERRACE is seeking nominations to the ORDER OF TERRACE CURRENT ORDER OF TERRACE RECIPIENTS i 1998 Jim Ryan 2004 Gordon McConnell Ida Mohler Jim Stainton _ The Order of Terrace Mayor and Council - 3215 Eby Street — Terrace, B.C. ' V8G 2X8 Nomination forms and criteria information may be picked up at City Hall. or by The Terrace Standard, Wednesday, April 19, 2006:- A117 - sentence, de Walle acknowl- calling the City of Terrace at 638-4723 or online at www.city terrace.bc.ca ‘a.m... Monday to Friday ex- ; os ; : a - = ‘cept in the case of medical, | _-emergency and not possess ‘or consume ‘alcohol or non- "iptescription drugs. a _,During @ one-year pro- © bation: period to ‘follow, ‘he . -must continue to follow the ° no-contact order and avoid: -alcohol and non-prescription « ~ drugs, complete 25 hours of | ‘community »work ’ service’. whe the first four months: - of probation and abide by a “curfew of 11:p:m. to 5 a.m. *. Sunday .to Thursday and _ from midnight to'5 a.m. Fri- . day and Saturday. - “: . ‘Two other youth involved: ‘in the assault could not be...” ° ;positively identified and . “were. acquitted at an earlier ~ date. _ "During thetrial, Falardeau on “testified he suffered chipped . "i. ‘teeth, at least one broken rib, chad trouble sleeping andeat- -, ‘ing, lost a lot of weight, was” : “in constant pain and couldn’t ‘work for a lengthy. time after cthe beating. 2° fons . OnFeb.5, '2004,Falardeau -. "was returning from dumping — a load of snow in the parking" lot behind the curling rink and was driving along 4500 Greig Ave when he observed three young: people_on, the ,-:: ‘street, who threw. snowballs: ‘at him. ae - Falardeau was concerned -§ for their safety as he’ ap- proached on his snowplow. ' He stopped and climbed down off his vehicle where- ‘upon one youth lunged at ‘him and wrestled with him ‘on the ground while the oth- ers kicked him. . Crown counsel Bill Fun- . - nel asked for jail time of 60 ‘days followed by 30 days . “community supervision or if the judge did not believe jail time was appropriate, for a deferred custody order of six to eight months. . > Defence counsel Andy - Roth said although his cli- ent plead not guilty when he °took the stand and was con- victed, he never changed his story and was co-operative during the trial. © . “What he told me is, she Culprits - | sought THE CULPRITS involved in ~ two separate break-ins April 3 have yet to be identified. . . | | . - Police report: that some- as ——— Ee anne Ce one appeared to have at- ~ ALL NEW 2007 DODGE CALIBER SE a "Starting from tempted to pry open a wine 148 Hip 1.8L DOHC WT 4 cyinder | _ Be Son $ S] 5, 9 9 Shr Freight fo of $1,050. > ocd won LIiBeER “AT A BASE PRICE OF LESS THAN $16,000, THE NEW CALIBER ee BOTH BARRELS BLAZING.” ~ Toronto Star Wheels . {- ” ars . 2006 Dodge Durango Limited 4x4 © 335 hp 5.7L HEMI® MDS V8 engine © Automatic Temperature contro! # AM/FM/CD stereo radio with MP3 capability © Power sunroof, windows, locks, * a . - driver's seat, adjustable pedals and mirrors ee aan . oO oO ~ ~~ , ' 2006 Chrysler Pacifica Limited AWD — - ® 250 hp 3.5L SOHC V6 engine ® Infrared Dual-zone ... - Automatic Temperature Control! © 200-watt AM/FM/CD stereo © Power front seats, rear liftgate and fnirrors mo ' 2006 Dodge Caravan SXxT | ¢ 180 hp 3.3L V6 engine * Dualzone temperature _ control « Power windows, locks and heated foldaway mirrors * AM/FM/CD stereo with 4 speakers "2006 Dodge Dakota Quad c Cab® SLT Plus ax eas los _— “© 260 hp 4.7L High-Output Magnum® VBengine SY, “ ® Air conditioning ¢ AM/FM/CD stereo radio 7°" oe _ with MP3 3 capability and 4 speakers ©. 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