Salesman cleared in pursuit of suspect
[The accused] was justified in pursuing a teen into a residence after he allegedly assaulted a man with his skateboard outside a Cochrane pub, a jury ruled on Tuesday.
But though the 29-year-old insurance broker was not guilty of breaking into the home, he was convicted of mischief for causing damage to a door inside the house.
The six-man, six-woman jury deliberated for just over two hours before reaching its verdict.
Defence lawyer Pat Fagan said he would seek an absolute discharge.
If granted, [the accused] would not have a criminal record.
Earlier, Fagan told the jury his client was acting as any good citizen should.
“[the accused] is here for doing what he believed to be the right thing,” Fagan said in his final argument.
“You have to ask yourself: ‘Has the law changed so much we are not able to help each other anymore?’”
Fagan said the teen attacked Perry Burton after the man smacked the 17-year-old in the face for making noise skateboarding on the sidewalk in front Cumbrian Arms on June 26, 2006.
After seeing Burton laying motionless in a pool of blood, [the accused] had the authority to pursue the teen to the home about a half-kilometre away, Fagan argued.
The teen dashed into the home through an open door, as did [the accused] because he believed the teen had hurt the man seriously or even killed him, Fagan said.[the accused] testified he never touched the teen and immediately offered to pay for damaging the interior door.
The teen was not charged for the alleged assault on Burton.
The lawyers will make their sentencing submissions to Kent on May 12.
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.