Man guilty of aggravated assault for incident at soccer game

Joshua Gauthier has been found guilty of aggravated assault for an incident where he injured an opposing player during a recreational soccer league match three years ago.

Superior Court Justice Edward Gareau convicted him Friday of the offence, which occurred July 8, 2019 during what the judge called "a chippy, aggressive game" between the two teams at Strathclair Park.

The game, involving the BDO team and Jiggerz, also was one that was escalating in intensity, and where the official was not taking adequate steps to control it, he said.

Gareau's decision followed a three-day trial in April, where the court heard testimony from five Crown and four defence witnesses.

Gauthier struck Adam Erickson, a Jiggerz player, in the face, fracturing his orbital bone, an injury that also required 18 stitches above his right eye.

In his 16-page written the decision, the judge said the case is not a complicated one.

The accused didn't deny he hit the complainant with his closed right fist, causing the injuries.

"What is in dispute are the facts surrounding the incident and what occurred leading up to the incident," Gareau said.

The accused's lawyer argued that what happened was unintentional and a reflex action.

Alternatively, Don Orazietti also contended that if the court found that his client intentionally applied force to the complainant he did so in self-defence.

The judge concluded that Gauthier's strike to Erickson's face was reactive, not reflexive, and he intentionally applied force to the complainant.

Gareau also said that "on the totality of the evidence, I do not find that self-defence has an 'air of reality.' "

Erickson told the court he was challenging Gauthier for the ball. When he won the challenge, his opponent called him a derogatory term and they engaged in a verbal exchange.

"Within a matter of seconds, I'm not sure exactly sure how he hit me, but I remember getting up off of my hands and knees with blood dripping from my face."

During cross-examination by the defence, he said the accused "did not punch me face to face," indicating he was struck from behind.

Erickson "was emphatic that he didn't push Gauthier with two hands." 

When Gauthier took the stand in his own defence, he said it was Erickson who had used the derogatory term.

He told the court that when he stole the ball from the complainant Erickson was kicking him and shoved him from behind.

"That's when I get hit harder than I've ever been hit in a soccer game, even harder than I've been hit in a football game."

The judge said he didn't believe or accept Erickson's evidence and "completely" disregarded what he had testified about the events leading up to the incident and what occurred.

There "are significant difficulties" with the complainant's evidence, Gareau said, indicating he accepts Erickson's testimony about events following the incident and his injuries, "but do so only because that is corroborated by other evidence" at the trial.

Gareau also found there were problems with Gauthier's evidence which he described as checkered with "exaggeration and embellishment."

The accused's punch wasn't unintentional "but rather borne out of frustration."

Gauthier was being fouled __ kicked and pushed by Erickson __ without an infraction being called by the referee, the judge said.

It is "simply hard to accept" the accused's testimony that he was hit harder by Erickson than he's ever been in a football game.

Gauthier admitted that he was larger than Erickson, and he played competitive football in a running back position which meant he received a lot of hits.

During cross-examination, assistant Crown attorney Matthew Caputo had "vigorously challenged" Gauthier's contention that this was the hardest he's ever been hit, the judge noted.

Gauthier then indicated it was the hardest he'd been attacked without knowing he was about to be hit

"So that's a qualifier. It wasn't the hardest you've ever been hit, it's the hardest you've ever been hit without knowing," Caputo suggested.

"Correct," Gauthier responded.

In his decision, Gareau said "It is difficult for the court to accept that a two-handed push to the shoulder which caused Gauthier to bend forward, but not fall down, as a hit that was harder than what he experienced as a running back in a high level, highly competitive football game."

The judge said he relied heavily on the testimony of Steven McLeod, whom he called the most impressive and credible witness.

A BDO member, McLeod was on the team's bench that night because of an injury. 

Gareau said he accepted his evidence that Erickson seemed to be irritated when Gauthier took the ball from him, went after him, kicking the back of his legs and giving him "a pretty good two-hand shot."

McLeod said Gauthier bent down, then came back up, and he saw him 'take a swing. It was like a six-inch punch."

This version of the events "make the most sense to the court," Gareau concluded.

A date for a sentencing hearing in the new year will be set this week.