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Man jailed for assault

A MAN convicted for assaulting a store manager while trying to flee after shoplifting apologized for his actions at his sentencing. 

“I'd like to apologize to the court for my actions February 1. I'm not trying to rationalize, minimize or justify [leaving court] I take responsibility and accountability for [my actions,]” said Clive Evans, reading from notes he'd prepared in Prince George Regional Correction Centre while appearing by video from there Feb. 17.

 Evans, 49, was referring to leaving court during a break and not returning when court was back in session Feb. 1. He also apologized to assault victim Rob Morris.

Before the break, he had been found guilty of assault causing bodily harm against Safeway manager Rob Morris from August 2009 and acquitted of assault of an older lady he knocked over during his attempt to flee when caught for shoplifting.

When court was called back into session,  Struyk issued warrants for his arrest. 

Police found and arrested Evans later that afternoon.

New charges of failure to appear and breach of conditions were added to his case. 

For the assault on Morris, Struyk sentenced Evans to 16 months in jail and gave him 58 days credit for time spent in jail previously while waiting for his case to get through court, leaving him 427 days of jail time.

On Aug. 4, 2009, Evans kicked Morris in the knee while attempting to flee after shoplifting groceries from Safeway. 

Morris was off work for a lengthy time and underwent two surgeries and extensive rehabilitation. 

For a fraud charge from Walmart that occurred while Evans was on bail during his court proceedings on the assault on Morris, Struyk sentenced Evans to 90 days to run consecutively to the 427 days for the assault on Morris for a total of 517 days in jail.

On Aug. 16, 2010, while on bail for the assault of Morris, Evans went into Walmart, got a buggy, put a vacuum cleaner in it and went to customer service where he asked for a refund, saying he was returning it, prosecutor Rita Kis said while reviewing the evidence before sentencing. 

Staff gave him a refund of $221.76 in the form of a gift card, court heard. 

When caught at the exit, Evans admitted to the fraud and said his wife was a drug addict and he needed the money to pay a debt for her, court heard.

On the additional charges of failing to appear and failing to attend court, Struyk gave Evans 45 days and 30 days in jail  respectively, to run concurrently to the assault sentence, court heard.

Struyk ordered Evans to 18 months of probation to follow with conditions including staying 100 metres away from Safeway, having no contact directly or indirectly with Rob Morris or his wife and to stay 50 metres away from their residence, to provide a DNA sample to police and to take any counselling as directed by his probation officer.

On March 10, 2010 Evans was sentenced on a charge of theft under $5,000 for the items he took from Safeway and was granted time served for the time he spent in jail up until that point and given a one-year probation order with conditions.

Charges of breach of conditions, theft under $5,000 and failure to appear were stayed by the court.

 

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