A Sylvan Lake teen was sentenced to 45 days in jail on Wednesday after pleading guilty to assaulting three men, including an RCMP officer.
Danton Rick Tuck, 19 pleaded guilty to assault, assault causing bodily harm, escaping lawful custody, and obstructing a peace officer in Red Deer provincial court.
Tuck, his father Richard Ivan Tuck, 39, and his uncle Stan Gilmour, 28, of Calgary were all charged after police responded to a 3 a.m. scrap in Sylvan Lake on Sept. 11, 2011.
The three men had been drinking in a local bar when they ran into a couple of other men outside near Lakeshore Drive and 51st Street and a fight occurred.
Crown prosecutor Wayne Silliker said an RCMP officer was on patrol when he saw a commotion. As he arrived, he saw Danton Tuck kick the head of a man lying on the ground.
Turning on his emergency lights, the officer went to arrest the teen.
When he had him up against the car, Danton’s father and uncle turned on the officer.
Flailing his arms, Danton Tuck managed to free himself and he took off into the night.
The officer suffered bruises and lacerations to his face and ear and had a tooth chipped in the fracas, Silliker said.
The civilian victim who was kicked in the head suffered a concussion and missed 40 days of work.
He still has lingering health problems, including dizziness and anxiety attacks.
Danton was charged after he turned himself into police about 90 minutes after the incident.
Defence lawyer Will Willms said his client has no prior criminal record and foolishly took on a challenge to fight that night and “got absolutely carried away.”
In a joint submission, the Crown and defence suggested a 45-day sentence, including 30 days for the assault causing bodily harm on the man who was kicked, and 15 days on each of the other charges.
Tuck will get five days credit for time previous served in the remand centre.
Judge Darrel Riemer also put Tuck on probation for a year, which includes a ban on drinking alcohol, and a 10-year weapons prohibition. He must surrender a sample of his DNA to a national database.
His father is to return to court on Sept. 10 when a date for his trial will be set. He is charged with aggravated assault, assaulting a police officer, obstructing or resisting a police officer and disobeying a court order.
Gilmour previously pleaded guilty to obstructing or resisting a police officer and was fined $1,000.
pcowley@www.reddeeradvocate.com