2 men given sentences to be served in community for assault on rural property near Melfort, Sask.
CBC
Warning: this story contains distressing details and vulgar language.
Two men who assaulted a 45-year-old man at a rural farmyard near Melfort, Sask., in August 2022 have been sentenced to two years less a day for assault causing bodily harm, with the rest of the charges against them being stayed.
The victim, Chris Hawkins, died in a Saskatoon hospital about a month after being assaulted. A recent coroner's report from the Saskatchewan Coroners Service linked the cause of death to alcohol abuse. It acknowledged the assault, but wrote there is no evidence that trauma played a role in Hawkins's death.
Peter Mclean, 60, and Adam Mclean, 36, were charged with aggravated assault in early 2023, but pleaded guilty in April to the lesser offence of assault causing bodily harm.
Police said the two men are related, but would not say how they are related.
The judge sentenced the men based on a joint submission from the Crown and defence.
Both men received conditional sentences of two years less a day, to be served in the community rather than jail. The sentences come with strict conditions that include a gun prohibition, no alcohol, cannabis or narcotics, and following a curfew.
After that, Peter will have 12 months of probation and Adam will have two years of probation. Both men also must do 200 hours of community service.
Both men originally faced more charges: Peter was charged with uttering threats and Adam was charged with assault with a weapon. Both men were also charged with forcible confinement. All of those additional charges have now been stayed.
Sections of a video of the assault were shown in court. Hawkins's family and their supporters could be heard sobbing and gasping as it played.
CBC obtained a copy of the video from Hawkins's sister, Shanda Tansowny.
In the video, it's daytime. Hawkins parks his grey Cadillac in the middle of a large yard, with farm equipment parked off to the side.
Shortly after that, Peter drives into frame, parks just behind Hawkins and approaches him.
Peter is yelling profanities at Hawkins while standing beside the Cadillac, asking why Hawkins is in the yard and instructing Hawkins to hand over his keys. Peter then tells Hawkins he's "not going anywhere" and is "going to be hurt" if he moves.