Man convicted of two-by-four attack on security guard to spend 74 more days in jail

Brooks Warmington's actions at a men's shelter where he struck a security guard with a two-by-four are part of a "recent pattern of escalating violence" a judge heard last week.

The 32-year-old man, who has a lengthy criminal record, pleaded guilty to 18 charges — mostly thefts, probation and release order breaches, and failing to attend court.

Sprinkled among these offences was a count of assault with a weapon, threatening and two counts of assaulting police officers.

On April 10, 2022, a security officer broke up an argument between Warmington and another man at the Verdi Shelter.

The guard told them to take a walk and calm down, prosecutor Stuart Woods said.

Warmington returned with "a large piece of wood," and when the guard tried to take it away, the accused struck him in the head.

On Jan. 6 of this year, city police were responding to an incident at the Cambrian Mall, when officers heard a commotion near Canadian Tire.

A man, who had stolen a $40 knife, was yelling at a security guard, Ontario Court Justice Heather Mendes heard.

Officers pursued him as he ran outside of the mall towards the gas bar.

Warmington resisted as they tried to handcuff him, and he assaulted an officer.

The following morning Warmington committed more offences while in custody at the police station.

When an officer attempted to fingerprint and photograph him, the accused became abusive, telling the cop "do you want me to spit on you again."

As he was being returned to his cell, Warmington "tried to spit on the officer," Woods said.

The court also heard about numerous other thefts tied to the accused.

On July 10, 2021, an individual at Home Hardware spotted a male stealing something from a bike.

A struggle ensued, and the thief threatened to stab the man with a knife.

Part of the incident was captured on video, and showed Warmington's involvement.

A month later, on Aug. 25,  police were called to the Water Tower Inn, about a man going through vehicles in the parking lot.

A witness identified Warmington as the person who removed a tool box from a truck and put it in a hockey bag.

When officers searched the bag, they located an electric jack hammer.

On July 15, 2022, the accused stole a $1,500 sub woofer from a truck on Queen Street East.

Again, his actions were noted by someone, who took his photo and then posted it on the Internet.

People identified the culprit as Warmington, the judge heard.

He also was convicted of thefts from Walmart and the LCBO on Great Northern Road.

The Crown and defence jointly recommended a 12-month jail sentence, followed by 18 months probation.

"A custodial sentence is appropriate," Woods said, pointing to the accused's five page criminal record as an aggravating factor.

He called the recent offences of violence concerning because they are part of an escalating pattern.

Warmington "assaults security guards and police officers when he's confronted by someone," the assistant Crown attorney said.

Defence lawyer Anthony Orazietti said the proposed sentence is the result of a number of pre-trials.

"There are plenty of aggravating factors, including the sheer number of offences," he told Mendes, citing the guilty pleas as mitigating.

Warmington suffers from drug addiction, Orazietti said.

"Obviously" some of the offences "fed his addiction, to get some equity to do so."

When she imposed the 12-month sentence, Mendes agreed "the sheer volume" and "repetitive nature" of the offences, along with the "escalating violence" are aggravating factors.

With the enhanced credit of 291 days he received for his pre-sentence custody, Warmington faced a further 74 days days behind bars (as of last Thursday). 

During his probation, he must take any recommended counselling for substance abuse.

As well, he must stay away  from Home Hardware, Walmart, the LCBO on Great Northern Road, Canadian Tire and Cambrian Mall.

"I hope you get your addiction under control," the judge told him, urging that he utilize probation services.

Warmington is prohibited from possessing weapons for 10 years and must provide a DNA sample.