That’s what a Calgary jury ruled late yesterday after considering whether [the accused] was entitled in law to try to make a citizen’s arrest.
Jurors acquitted [the accused] 29, of the more serious charge of break and enter, but found him guilty of mischief to property. Defence lawyer Pat Fagan told justice Adele Kent he will be seeking an absolute discharge for his client when the case returns for sentencing May 14.
If Fagan is successful, the conviction will be recorded but [the accused] won’t have a criminal record.
Fagan had asked the six-man, six-woman Court of Queens’ Bench jury for an outright acquittal, arguing [the accused] was justified in law in chasing down Tyler Hoekstra. [the accused] took after Hoekstra, then 17, when the Calgary teen struck a Cochrane bar patron in the back of the head with his skateboard on the afternoon of July 27, 2006.
Perry Burton had come out ofthe Cumbrian Arms Neighborhood Pub to tell Hoekstra to stop boarding in the parking lot and shoved the teen in the face.
Hoekstra then took his skateboard and in a two-handed motion struck Burton in the head, cutting him and knocking him to the ground, unconscious.[the accused], who was inside, came out to see Burton lying on theground in a pool of blood and Hoekstra, skateboard in hand, fleeing the scene. [the accused] followed Hoekstra into a house and chased him upstairs, where Hoekstra took refuge in a bedroom. Homeowner Hollie Shaw testified she told [the accused] to leave before he punched and kicked the bedroom door, causing damage to it. Hoekstra was never charged with an offence.