Judge ponders sentence for man who threw nasty punch at soccer game

Joshua Gauthier must wait a few more weeks to receive his penalty for punching an opposing player during a recreational soccer league game nearly four years ago.

The 40-year-old was found guilty of aggravated assault on Nov. 25, following a four-day trial that took place earlier in the year.

The charge stemmed from a July 8, 2019, incident that occurred during a highly-competitive soccer game at Strathclair Park.

Gauthier struck Adam Erickson in the face, fracturing an orbital bone. The injury required 18 stitches above his right eye.

Erickson said Gauthier had punched him when they were challenging each other for the ball.

When Gauthier took the witness stand, he said Erickson had kicked and pushed him twice from behind.

He appeared in court Thursday for sentencing, and after hearing arguments from the Crown and defence, Superior Court Justice Edward Gareau put his decision over until May 29.

Prior to the hearing, defence lawyer Don Orazietti filed an application, asking the court to reduce the conviction to assault causing bodily harm.

The Crown opposed the application, arguing that it should be dismissed and Gauthier should be sentenced for aggravated assault.

Gareau indicated he will consider the issue and will decide whether it is aggravated assault or assault causing bodily harm, then determine the appropriate sentence.  

Prosecutor Matthew Caputo said when the trial took place a year ago, the Crown felt the sentencing range for this aggravated assault should be nine to 18 months in jail.

In the intervening time, there have been amendments to the Criminal Code that permit a conditional sentence, which is served in the community, for the offence.

His office reviewed the circumstances, he said, and Crown is seeking a nine-month conditional sentence, followed by two years probation.

Anthony Orazietti argued that his client should be sentenced for assault causing bodily harm.

He called for a conditional discharge, with 12 to 18 months probation; maintaining custody is not appropriate in these "unique circumstances."

The defence pointed to Gauthier's pre-sentence report, which characterized him as an involved, loving father who has a positive relationship with his long-time partner, a kind, generous person, and "a good guy in a bad situation."

Gauthier has been employed at Algoma Steel for 11 years and is described by his supervisor as a hard worker. He is cooperative, gets along with others and volunteers with an employee assistance program.

His boss also indicated he's not sure how a custodial sentence would affect Gauthier's employment.

His client has been on leave from work since December because of stress from the court process and has been diagnosed with depression, Orazietti said.

Substance abuse is not an issue, but Gauthier has struggled with steroids, the defence told Gareau.

He started using them at age 25 and "off and on since," Orazietti said. "He struggles physically and mentally because of taking steroids."

A conditional discharge would mean he will have no criminal record, can continue to be a contributing member of society and can support his family, Orazietti said.

He cited a number of mitigating factors; Gauthier is 40 and has never been in trouble.

"This is a one-off issue and completely out of character," the defence said.

"He was provoked, kicked ... there was some provocation. That's how the entanglement began."

Orazietti argued there isn't a concern for public safety and "a non-custodial disposition is appropriate."

The defence suggested that if Gareau determines Gauthier should be sentenced for aggravated assault, he should suspend the sentence and place his client on probation.

Caputo countered that aggravated assault is a serious offence and "requires a serious penalty."

Gauthier's actions had a significant, but not lasting, impact on the victim, he said.

Erickson's injuries were substantial and painful.

He noted that the injuries were not permanent; the assault was brief and involved a single punch as a mitigating factor.

Gauthier "didn't wail on him," and it "shows the level of frustration that led to the assault," the assistant Crown attorney said, pointing to the need for denunciation and deterrence to condemn the man's conduct.

He cited the significant need for general deterrence "so the community knows you can't commit an assault during a sporting event" where one is supposed to be safe.

There is "a need to send a strong message" that you are not allowed to assault a member of another team when you get frustrated.

Maybe Erickson should have received a penalty, and maybe the referee lost control of the game, but Gauthier "can't be the judge and jury," the Crown said. 

A message must be sent that such actions will not be tolerated.

"If someone goes above and beyond what is expected in sport, they will be punished severely."

Caputo suggested the pre-sentence report indicated Gauthier didn't have any remorse and didn't accept responsibility for his actions.

Orazietti disagreed.

What occurred was "one action frozen in time," he said, "just one regretful blow."

There was no permanent injury, and there was no brawl where his client lost control and struck the victim several times.

"I do have a lot of remorse," Gauthier told the judge.

He said he knows the victim's family and was the best man at his cousin's wedding.

"This is not what I wanted, and I wish this never happened."

When the judge asked Caputo if the complainant had provided a victim impact statement, he replied no, but said Erickson had indicated he didn't want the accused to go to jail.