A1

by Laura MacInnis

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Speak Up

A jury of six men and six women found Thomas Wesley Tozer not guilty of the more serious charge of aggravated assault, but guilty of assault causing bodily harm to Glen Doucette.

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Tozer appeared to be very calm as the decision was read aloud, looking relieved at the not guilty verdict on the aggravated assault.

The 39-year-old stood accused of hitting Doucette in the head with a brick after leaving Mike's Bar and Grill on June 6, 2007. Doucette spent a lenghty period of time in hospital with severe head trauma.

During a hearing on the admissibility of evidence before the trial itself got under way Judge Jean-Paul Ouellette watched Tozer in a video interview with police afer being arrested June 6, 2007.

In the video he clearly stated his lawyer told him not to say a word, but proceeded to tell investigating Miramichi Police Force officer Sgt. Brian Cummings that he did hit Glen Doucette with a brick but only in self-defence.

At hearing Doucette was in the hospital in critical condition he became emotional, crying.

"My laywer said not to say anything, I'm not trying to be rude...I didn't know it was that serious."

"He just come and started hitting me. I just defended myself and left."

"Did you hit him with anything?" Cummings asked in the video.

"A rock," Tozer responded.

"Where?"

"In the jaw- outside...he was choking me... I didn't mean to hurt anybody."

During the trial the Crown did not show this video to the jury because Tozer chose not to take the stand.

Other evidence was brought forward by the Crown during the hearing. Paramedic Lee Howe said Doucette complained of being struck in the head. Doucette himself has no memory of the night's incident.

And the officer who arrested Tozer the same day, Cst. Richard Girouard of the Sunny Corner RCMP said Tozer told him it was only self-defence as he approached.

The judge did not allow the hearsay evidence to be heard by the jury.

In his summation, Tozer's attorney Graham Sleeth chose not to argue self-defence but said there was not enough proof to suggest his client had any involvement with Doucette's injuries.

However, Crown Prosecutor Jean Guy Savoie reminded the jury of the eye witness, Elizabeth Arsenault who saw the incident from her bedroom window and the taxi driver who said Tozer explained his need to get out of town after hitting a guy in the head with a brick.

The jury was out for nearly five and a half hours to deliberate on Thursday. Justice Ouellette returned to court at 4 p.m. to answer questions about the definition of intent relating to aggravated assault before the 12 came back shortly after with their verdict of guilt only on assault causing bodily harm.

Sleeth requested a presentence report before sentencing.

He asked that his client also be allowed to remain at home until then since he has already proved he is not a flight risk and has not caused any trouble for the past year.

Savoie left it to the court saying he would have only pressed an immediate remand if the jury found him guilty of aggravated assault.

The judge agreed but imposed a no contact order on Tozer in relation to Glen Doucette

Tozer must also refrain from any alcohol or illicit drug consumption and must not be in any place which sells liquor.

His curfew requires him to be at his home in Sunny Corner between 10 p.m. to 7 a.m. daily.

Savoie also requested time to obtain a victim impact statement from Doucette.

While getting a presentence report is expected to take about a month, courts will be busy through the fall. The closest date available for sentencing that accomodated the judge, defence and Crown was Dec. 2.