Man who refused to wear mask, assaulted B.C. Walmart greeter sentenced

The Walmart logo is seen in this photo from Aug. 15, 2022. (AP Photo/Seth Perlman, File)

A B.C. man who assaulted a 70-year-old Walmart greeter – ramming him multiple times with a motorized scooter and punching him in the face – has been sentenced to six months in jail and banned from the store upon his release.

Timothy Martin Herbert Beresford was sentenced in Penticton Provincial Court on Sept. 28 and the decision was posted online Wednesday.

The assault charge dates back to 2021 when a mandatory mask policy was in place due to the COVID-19 pandemic and the court decision says the greeter was attacked after telling Beresford he would have to mask up or leave the store. The victim in the case required medical treatment for a misaligned jaw.

"Through his actions and words during the incident and in court, Beresford confirms that he did not and does not believe the mask mandate during COVID-19 was appropriate and it infringed upon his rights," the sentencing decision says, noting that Beresford aligns himself with the Freeman on the Land movement.

"His comments in court are consistent with someone who remains committed to such a movement, a movement that believes the laws of Canada have no application to them. In other words, they believe they are above the law, a misinformed and misguided belief."

Judge Gregory Koturbash rejected Beresford's bid for a conditional discharge, outlining a number of reasons why jail time was warranted in the case – including the need to send a clear message to Beresford and "other likeminded individuals"

"They do not get to pick and choose the laws that they comply with and that serious consequences can flow when one leaves their lane, flouts the law, and engages in harming others," the judge wrote.

The vulnerability of the victim, a senior who is described as "of very small stature" was also considered aggravating. The judge noted that although Beresford was using a scooter, there was no evidence that he needed to do so because of a disability and that he was younger, bigger and stronger than the victim.

Further, the victim's age made him more vulnerable to contracting and getting seriously ill with COVID-19 both generally and during the assault.

Beresford pleaded guilty to the assault, which was considered mitigating, but the judge said he was not convinced that the plea was accompanied by "any measure of remorse or empathy."

Koturbash also cited the need to deter crimes against retail workers generally amid a reported spike in aggression and violence directed at these employees.

"A clear message has to be sent that this type of behaviour is not to be condoned and that people who work in stores need to be adequately protected," he wrote.

Beresford's criminal record was also considered aggravating. The decision says his first conviction came in 1990 in Newfoundland for a forged document. In 1997 he was convicted of assault and 10 years later he was found guilty of careless use of a firearm. In both of those cases he paid a fine.

The six month jail sentence will be followed by one year of probation, with conditions that Beresford does not contact the victim and does not go to the Walmart.

Beresford was also handed a three-year weapons prohibition.

"I am satisfied, given the volatility of the situation, with your belief that the laws do not apply to you, that a firearms prohibition is appropriate," Koturbash wrote.