A bail review for a man who was shot by a farmer and beaten when he tried to steal an ATV is expected to be held in Red Deer court on Friday.
Harold Groening, 31, formerly of Mirror, was sentenced to 30 days in jail on Thursday in Stettler provincial court after pleading guilty to theft of an item valued at less than $5,000.
Groening’s lawyer John MacNaughton said on Monday that he’s in the process of filing a formal intention to launch an appeal of the sentence.
The appeal would be heard by the Alberta Court of Appeal several months from now.
MacNaughton would like to get his client released on bail in Court of Queen’s Bench while the appeal process unfolds.
Groening was run off the road, blasted with a shotgun and beaten as he tried to make a get away after stealing an ATV near Tees in the early hours of March 26, 2009.
Two theft-related charges were dropped against Groening.
MacNaughton said last week the sentence seemed to be “extremely heavy handed.” His client had no prior criminal record.
MacNaughton said judges must take into account the sentences handed out to others involved in a crime and facing similar charges. One of Groening’s co-accused, Nick Dewald, 22, of Alix, had previously pleaded guilty to theft under $5,000 and was fined $400 for his involvement.
A second co-accused, Kyle Rosenthal, 23, of Alix, has yet to go to trial on a similar charge.
Groening, who now lives in Vancouver, told court he still suffers back pain and occasional numbness from the injuries he suffered when he was run into a ditch by another vehicle while trying to flee on the ATV stolen from his pursuer’s yard. He was then shot twice as he tried to run, taking 17 pellets in the back, legs and arm.
He sought help from a driver only to be returned to a group of men who beat him.
Brian Knight, 38, of the Tees area, has been accused of shooting Groening and faces a number of weapons-related offences, including unlawful use of a firearm, pointing a firearm, assault with a weapon, criminal negligence causing injury, dangerous driving and unauthorized possession of a firearm.
Knight returns to court on June 17 for a trial.