One adult, two youths charged in assault of fisherman | Ha-Shilth-Sa Newspaper

One adult, two youths charged in assault of fisherman

Port Alberni

Update: 3:26 p.m. May 16  

 

Three suspects have been charged in a brutal assault on Hupacasath First Nation member Bert McCarthy.

McCarthy, 41, suffered multiple leg fractures and a shattered kneecap when he was attacked at the gas pumps in the River Road Petro Canada station on Saturday night. The suspects, all from Port Alberni, were arrested Tuesday evening, according to Port Alberni RCMP community policing officer, Cpl. Jen Allan.

“There were four suspects identified, and we arrested them all last night, and we are recommending charges of assault against three of them, including one adult and two young people,” Allan said.

The adult suspect is 21 years old and the two youths are both 17.

“They have been released on promise-to-appears, and they will be appearing on June 21,” Allan said.

A second adult suspect will not be charged. Allan said investigators used video evidence from the Petro Canada security system to identify the suspects and their vehicles.

Allan said with the public now so conscientious of video surveillance in public locations, not to mention so many people carrying cellphone video cameras, it is surprising that the situation escalated so horribly on Saturday night.

“You almost have to assume you’re being filmed at all times,” Allan said, adding, however, that police hope to back up their case with evidence from live witnesses. “We’re hoping that anybody from the community or from outside the community–any witnesses–if they would come forward and provide us with additional information, or call Crime Stoppers (1-800-222-8477), because every little bit helps.”

Speaking briefly with Ha-shilth-sa on Wednesday, Bert McCarthy said he was angry that the suspects are not being held in custody.

 According to McCarthy, the incident was sparked when one of the suspects made a racial slur, and the situation escalated when two more suspects arrived and joined in the fray and dragged the victim onto the middle of River Road. An off-duty RCMP officer arriving on the scene led the four assailants to flee the scene, just as McCarthy struggled to drag himself out of the roadway. He was taken to Nanaimo Regional General Hospital for emergency surgery, and is now recovering at home.

Allan said police have recommended charges of assault causing bodily harm against all three suspects.

“The Crown may elevate that to aggravated assault, but that’s what we’re recommending at this point,” she said.

Assault causing bodily harm carries a maximum penalty of 10 years if convicted by indictment, or 18 months if convicted on a summary offence. Under the Canadian Criminal Code, a charge of aggravated assault may be laid against anyone “who wounds, maims or disfigures or endangers the life of the complainant,” and carries a maximum penalty of 14 years.

 

Original story May 14.

A member of Hupacasath First Nation is recovering in hospital following a savage assault that appears to have been racially motivated.

Bert McCarthy, 41, suffered a shattered kneecap and multiple leg fractures when he was attacked by four men at the River Road Petro Canada station on Saturday evening. The assailants then dragged the injured man into the middle of the road, where he was spotted by an off-duty RCMP officer who happened to be passing by.

McCarthy said he had noticed the four suspects earlier in the day, when they were seen riding two green, white and black jet skis on Alberni Inlet, but contrary to initial reports, there was no confrontation.

“No. They were just down the Canal when I was bringing my boat in,” McCarthy said Monday. “I was heading to Port from Toquart Bay. They were down there, around Kildonan, just cruising around on their jet skis.”

McCarthy said he didn’t think much about it when he pulled into the Petro Canada at about 10:30 p.m., and saw a truck pulling one of the jet skis at the pumps. But what started as a casual conversation turned ugly immediately.

“I wanted to talk to one of the guys, and I said, ‘Was that you guys that were down-Inlet?’ and he said ‘Why? Have you got a problem, Chug?’ And he started putting me down,” McCarthy said.

McCarthy said he decided to defuse the situation by walking away.

“Then another truck pulled in, pulling a jet ski, and they got out and started chasing me down. I started running, and then they took my legs out.”

McCarthy said the four men all took part in the attack, under the glare of the lights at the gas pumps, in full view of the surveillance cameras.

“They left me in the middle of the road. I had to drag myself back onto the sidewalk, because I couldn’t walk,” he said.

The four suspects fled the scene when the RCMP officer arrived. Hupacasath Chief Councillor Stephen Tatoosh said the timing was fortunate.

“There should be some good descriptions and I hope the video picked something up,” he said. “I’ve asked the RCMP to put a lot of resources into this, and I’ve spoken with the superintendent for Vancouver Island.”

McCarthy was transported to Nanaimo Regional General Hospital for emergency surgery. On Monday evening, he was to be transferred to West Coast General Hospital.

“I’ll be there at least a few days, until I’m okay to go home,” he said.

But the injured man faces a considerable period of recovery and some of the damage may be permanent.

“My leg’s shattered. I’ll probably never run again or dance like [John] Travolta,” McCarthy said. “My kneecap is all gone. They said, down the road, they’ll be able to put something in there.”

Tatoosh said McCarthy would likely not be able to take part in the Somass River fishery this season, which means a serious loss of income for the single father. And while race appears to have been a factor in the incident, Tatoosh said he hopes there will be no further repercussions in the community as police seek out the suspects responsible.

“We don’t want this escalating. We just want to get it done with,” he said.

Anyone with information on this assault is asked to contact Port Alberni RCMP at 250-723-2424 or Crime Stoppers at 1-800-222-8477.

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