4- Friday, May 14, 1999 - North Shore News

North Vancouver brothers attacked on school field in 1998

Anna Marie D'Angelo

vs Reporter
dangelo@nsnews.cam

FOUR North
Vancouver teenagers
involved in the brutal
assault of two brothers
at Ross Road elemen-
tary in 1998 were to
be sentenced on
Wednesday.

But North Vancouver
provincial court Judge
William Diebolt had troubie
with the facets of the case.
Apparendy the faci b
him differed from the facts
the judge had beard in
March regarding the same
incident. Diebolt sentenced
the ringleader of the atrack.

“Pocan’t hear it all ar dif-
ferent. times with different
facts,” said Diebolr.

The “facts” at issue sre
also called “agreed facts,” in
which defence lawyers
the Crown agree to a ve
of events in’ exchange
guilry pleas.

Diebolt was not supposed
to hear the case oon
Wednesday, bur he spent
some time reading — the
teenagers’ pre-sentencing
reports following a clerical
mix-up.

The case against the four

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teenagers Was adjourned to
June when a different judge,
Doug Moss. will decade on
sentencing based on the hat
est version of facts

In) March, Dieboit sen
tenced the ringleader toa
year in open custody under
the Young Offenders Act.

The vouth was convicted of

assault with a weapon of Seth
McDonough, now 22. The
youth had no prior criminal
record, but has racked up an
assault and drug possession
charges since the 1998
attack.

har vouth and the
teenagers at Wednesday's
court proceedings, all Lynn
Valley residents, can nor be
identitied as stipulated by the
Young Offenders Act. The
teenagers at) Wednesday's
court proceedings, all about
17 vears of age, plea bar-
gained charges of assault
with a weapon ta. simple
assault.

On Feb. 8, 1998, broth
ers Seth, Calum and sister
Tarrin McDonough, now 27,
were walking home from the
theatre shortly before mid
night. The Jings walked
across a field at Ross Road
elementary at 2875 Bushnell
PL The field is near their

home, sad Crown fawver
Adrienne Eee,

A group of young people
were on the field. Vhey
changed directions — and
walked towards the sibliags.
The teens finned out inte a
line.

Vhe group's ringleader
asked Calum, now 23, if he
had a problem: and grabbed
Calum’s arm. The ringleader
then grabbed Secs arnts
and a similar exchange took
place.

Seth said the ringlead
“eyes were jumping around”
and he appeared “truly

anges” at Seth. The rest of

the tcenage bevy crowded

around the siblings, blocking

Any escape route in an intim-
ing Way.

Seth wrestled with the
ringleader who velled, “TH
need some help over here.”
Seth got away fram the ring-
leader while another teen can
over, Seth remembered
receiving 2 number of blows,
particularly to his head. Seth
stopped fighting back, think-
ing that it was making mat-
ters worse,

eth and ¢
They c
of the

lum walked
tp ano od
school.

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“kind ot raining dewi on
thent.” sand Le

TYhe brothers were chased
around a school corner,

Vhe ringleader picked) up
same sticks. “Fhe Corher
males tollaw suit, * sand Lee,

The ringleader struck
Calum twice on the arm and
ance on the chest.

The ringleader walloped
Seth in the face with a large
stick. Seth fell te the wround,
bleeding and) seriously
Injured.

Neighbours who wit-
nessed the assault velfed out
in a bid to stop the ateack.
Neighbours helped Seth to
private property where
“threats are hurled” by the
assailants, said Lee.

ording to an carlier News
report neighbour Robert
Poburko said the teens
screamed, “We are going to
kil someone tonight”

Yhe Crown lawyer said
the neighbac and othe
McDonough siblings fled

inte oa tome fer sate,
Vhings were thrown at the
house. A farte rack was
thrown ata car parked ta
trontot the house.

Seth osatfered oa broken
nose, a fracture eve orbit and
cuts to his lyp and car thar
required stiches. Fle now
has scars abd a crooked nose.

Seth dees not play
lacrosse, but carries a lacrosse
stick with him at all times for

he four accused
teenagers admitted they par-
ticipated in the punching
against. Seth only,

pite the fet that three of

them were arrested outside
the neighbour's house after
the attack with rocks and
wood.

judge Diebolt pointed
out that the ringleader was
not done in throwing roe

The Crown lawyer said
the MeDonough | siblings
identified seven or cight
teenagers at the original skir-

mish, Some individuals
wentamassing, said Fee

Crown Lawyer Lee
tora “Commun sentence,
feaning no jail, Diebolt was
“not sure” about a coma
Hitv sentence,

Seth tald the News thar
he thought the ringleader’s
sentence was light amadl he
was informed in was actually
a tough sentence for a voung
offender.

Regarding the — four
accomplices, Calum said,
“They are all claiming to be
the one person who wasn’t
there.”

Added Seth, “There are a
loc of people tecling remorse
and then there are alf sorts of
people denying they were
there.”

ved

summed up the

d teenagers” viewpoint

“Oh, Em really sorry for

what T didn’ de.”

The brothers supported

“sentence, including com-

musitv. work, thar would

make the four teens “rethink

what they did.” They believe
a curfew is appropri