A man who stole an ATV, only to be run off the road, blasted with a shotgun and beaten as he tried to make a getaway, was stunned when a judge sentenced him to 30 days in jail for the theft in Stettler provincial court Thursday.
Harold Groening, 31, appeared close to tears when led away by provincial court sheriffs after his sentencing by Judge Jim Hunter. Groening, formerly of Mirror, had pleaded guilty to theft under $5,000 a short time before.
Two theft-related charges were dropped.
Defence lawyer John MacNaughton said the sentence seemed to be “extremely heavy handed.” His client, who had no prior criminal record, will consider an appeal.
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 in the incident near Tees that happened in the early hours of March 26, 2009.
“I think he had every right to be shocked by the sentence,” said MacNaughton, of his client.
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 and works as a roofer, 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. He tried to escape by driving off in a truck, which soon ended up in the ditch and Groening was beaten again, said MacNaugton. Eventually, Groening was taken into a vehicle and held until police arrived. A STARS air ambulance flew him to Edmonton’s University of Alberta Hospital where he was treated and released about 36 hours later.
MacNaughton said while people have a right to make a citizen’s arrest, his client’s rough treatment crossed the line into vigilantism.
“It was a terrible night for this young man and it’s a terrible afternoon (today).”
Crown prosecutor Tony Bell said Groening’s crime showed some planning and was a “bit more serious than a run-of-the-mill theft charge.” He made no sentencing recommendation.
Hunter said the 1:30 a.m. crime amounted to sneaking into someone’s home and referred to the “fear and fright you must have caused these people by basically skulking about looking to steal.”
Groening’s injuries would serve as a reminder he should not reoffend. “That’s probably more punishment than I could ever give you.”
However, theft is a serious issue, especially in rural communities where RCMP are often far away and can’t respond quickly, he said.
“It’s a plague on us, sir,” he told Groening, adding that he did not feel a fine was appropriate punishment.
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 was in court with several supporters Thursday to watch the sentencing but declined to comment later. He returns June 17 for a trial.
pcowley@www.reddeeradvocate.com