OFF THE WIRE
cbc.ca
A former motorcycle gang member has been given a six-month sentence to be served in the community after kicking a man, who was in a wheelchair, in the head.
Michael Stewart, 42, of Saint John, had previously pleaded guilty to assault causing bodily harm.
A Saint John court heard about the moments that led to Stewart assaulting the victim, who was in a wheelchair at the Bacchus biker club house on Aug. 8, and the ex-biker's promised rehabilitation.
Crown prosecutor John Henheffer said Stewart called the victim over to him so they could speak.
After sharing a few words, the victim turned to leave and the court heard that is when Stewart kicked him in the back of the head with work boots on.
The victim suffered a cut above his eye that needed eight stitches.
David Kelly, the defence lawyer, said the victim had made an "obscene" comment about Stewart's girlfriend,
And the lawyer said Stewart, who had been drinking, "lost it."
Kelly said Stewart has since "severed all ties" with the motorcycle gang.
Stewart also said he hasn't had a drink since that night, is working, and has made "quite a change" to his life.
Judge Anne Jeffries said those life changes are important because Stewart obviously had "some issues." She said kicking someone in a wheelchair "doesn't exactly make (Stewart) a big man, that's for sure."
Jeffries gave Stewart a six-month conditional sentence to keep the peace and be of good behaviour, attend counselling for anger management as directed, and not to have any contact with the victim.
If Stewart violates any of those conditions, he'll serve the remainder of the sentence in jail.
