B.C. men sentenced to 16 months in jail for 'vicious' beating of homeless victim

Two men who beat a homeless man in Kelowna, in what a judge described as a "violent, vicious, excessive, unprovoked and cowardly" attack, have been sentenced to 16 months in prison for aggravated assault.

Devin Andrew Wesley Comerford and Zackary Alan Gaubert pleaded guilty to the charge last year, according to court documents. The sentence was handed down in March and the decision was posted online Thursday.

THE ASSAULT

In March of 2020, the court heard, the two men had been drinking "apparently to excess" at a downtown nightclub with two friends. Around 2:30 a.m., the group had a "verbal altercation" with the victim Mackenzie Russell, who the judge says was " apparently in the wrong place at the wrong time."

The confrontation escalated and after one of Comerford and Gaubert's friends kicked and punched Russell, the victim pulled out a knife and fled, an agreed statement of facts submitted to the court said.

All four men, the decision says, chased Russell down an alleyway where they "caught him and knocked him to the ground." Next, three of the four men, including Comerford and Gaubert "took turns repeatedly beating, punching, kicking and striking Mr. Russell with a wooden cane," according to court documents.

The fourth man did not beat Russell but used his cellphone to take video of the attack, which the judge said showed the victim "in the fetal position" while the blows rained down. The four men then left, with Russell "apparently unconscious."

But that was not the end of the assault.

"The four men soon returned, administered more kicks and punches to Mr. Russell and left him for a second time. They then returned again, delivered further kicks and punches, and then rummaged through Mr. Russell’s pockets while he lay on the ground motionless," the decision says.

"To say that the assault on Mr. Russell was vicious would be a gross understatement. From my observations of the video, it was an unprovoked, violent, merciless, and cowardly attack by three men with a fourth standing by. The assault was on a vulnerable man who was rendered defenceless," Justice Gary P. Weatherill's reasons for sentencing continue.

Russell was taken to hospital after people passing by called 911. Upon examination, he was diagnosed with a life-threatening traumatic brain injury, a subdural hematoma, as well as numerous cuts and bruises to his face and head.

"It was only through good fortune that his injuries were not more serious or indeed fatal," Weatherill said.

THE SENTENCE

Six days after the assault, Comerford and Gaubert were arrested. In interviews with the RCMP, both men were shown video of the assault and both admitted they had assaulted Russell.

"Both expressed shock, horror and regret to the police officers when shown the surveillance videos. They both stated that they could not believe they were capable of engaging in such awful behaviour. They also both said that their memories of the events were either poor or non-existent," the court heard.

The guilty pleas came after a preliminary inquiry but before the case was set to go to trial, the decision notes.

Crown counsel asked for a sentence of 18 months in jail and 18 months' probation for each perpetrator. Defence asked for a conditional sentence of between 15 and 24 months, followed by probation.

Comerford and Gaubert were 19 and 20 at the time, respectively. Neither had a criminal record and the attack was described as "completely out of character" for both men. The absence of a criminal record, guilty pleas, and the "powerful remorse" each expressed were considered mitigating factors.

Weatherill determined that time in custody was warranted in the case.

"I appreciate that you were both intoxicated that night, which probably reduced your inhibitions and may have fuelled your behaviour, but that is no excuse for what happened. You both acknowledge that. The security video does not suggest that you were inebriated to the point of being unable to function. Indeed, it suggests quite the opposite," Weatherill said.

"What is captured on that security video, inebriated or not, is horrendous and inexcusable."

Both men were sentenced to 16 months in jail followed by 18 months of probation.