THUNDER BAY - A man who swung his fist at a security guard last December after he was was asked to leave mall property was sentenced to three months of jail time on Tuesday.
Warren Stuart, 47, appeared in a Thunder Bay courtroom by audio on Tuesday, Aug. 4, and pleaded guilty to four charges including two counts of assault and two breaches.
Court was told a police officer was dispatched to the Intercity Shopping Centre on Dec. 3, 2019, for an assault in progress. A security guard had attended a bench outside of a store in the mall and observed a male who appeared to be drinking alcohol.
The security guard believed the male was intoxicated and asked him to leave the property, Crown counsel Katrina Van Kessel said.
The man became upset and shouted at the security guard before getting up and walking a short distance before stopping again. When the security guard attempted to place the accused in custody for being intoxicated, he pulled away, shoving the security guard at the same time and then flung his fist at the guard’s head, court heard.
Van Kessel also read facts into the record regarding an assault that took place between Stuart and a domestic partner on April 27, as well as two breach charges from June 3 and July 12.
Stuart’s lawyer, Gilbert Labine, told the court his client is from Nipigon and struggles with an acute alcohol addiction.
A joint sentence submission for all four charges was endorsed by Judge Gary Kunnas. Although Stuart was sentenced to 90 days of jail time he was granted credit for the time he has spent in pre-disposition custody on an enhanced basis.
After his jail sentence, he will be placed on a 12-month probation term. He will also be prohibited from possessing weapons for a period of two years.
