A Sylvan Lake father has been sentenced to 45 days in jail, minus time served, for his role in the assault of a local Mountie in September 2011.
Richard Ivan Tuck, 40, pleaded guilty before Justice David Gates in Red Deer Court of Queen’s Bench on Tuesday to charges of assaulting a police officer and breaching conditions of a peace bond.
Citing an agreed statement of facts prepared with defence counsel, Crown prosecutor Wayne Silliker said RCMP Const. Martin Reed responded to a call about a fight outside a downtown Sylvan Lake bar at about 3 a.m. on Sunday, Sept. 11.
Reed could see one man on the ground being assaulted by another when he arrived at the scene, said Silliker.
He grabbed the attacker and was holding him against the side of his car when Tuck attacked him from behind, enabling the escape of the man he was trying to arrest.
“He said he heard someone behind him say, ‘Don’t touch my son,’ ” said Silliker.
Reed suffered a chipped tooth and numerous scrapes and bruises as a result of the attack, he said.
The breach of conditions charge was laid for Tuck’s failure to obey a peace bond that included a requirement to “keep the peace and be of good behaviour,” said Silliker.
He joined with defence counsel Arnold Piragoff in seeking a 45-day sentence on the assault and a fine for the breach of conditions.
Piragoff said his client, sole supporter for his wife and two small children, recently lost his job as an oilfield engineer in training because he will not be able to attend the required courses while he is serving his sentence.
Invited to address the court, Tuck apologized for his actions, admitted that he had been drinking and stated that such behaviour is out of character for him.
Acknowledging Tuck’s expressions of regret and remorse, Gates said he wished he did not have to send him to jail, but was left with no choice.
“Your interference was an irresponsible act on your part — that’s why you’re going to jail,” said Gates.
The judge accepted the sentencing recommendation for the assault on Reed, giving credit for the seven days that Tuck served in custody immediately after his arrest, plus a $250 victims of crime surcharge.
He fined Tuck an additional $250 for breaching the conditions of his peace bond, which he had entered after a fight with his wife.
The other two men arrested at the bar fight were Tuck’s son, Danton Rick Tuck, and his brother-in-law, Stuart Wayne Gilmour, of Calgary.
The pair were 18 and 28 at the time.
Danton Tuck and Gilmour pleaded guilty earlier to charges arising from the incident.
The younger Tuck was sentenced to 45 days in jail, followed by a year of probation for charges including assault causing bodily harm and escaping custody. Gilmour was fined $1,000 for obstructing or resisting a police officer.
bkossowan@www.reddeeradvocate.com