Photo: Nicholas Johansen

The Kelowna Hells Angels clubhouse was raided by police in 2019 as part of their investigation into Colin Bayley.

A one-time prospect of the Kelowna Hells Angels was sentenced to nine months in jail Friday for a vicious assault inside Doc Willoughby's Pub in 2019.

Colin Bayley was charged with aggravated assault two years ago, following an incident in the early morning hours of May 6, 2019 at the downtown Kelowna pub. The 32-year-old pleaded guilty to the charge earlier this month, on the same day his trial was scheduled to begin. He's been out of custody on bail for the past two years.

During sentencing submissions Friday, surveillance footage of the attack was played in court, showing Bayley repeatedly punching another man at a table, even after the man was clearly unconscious.

“Mr. Bayley continued delivering blows while [the victim] lay unconscious on the ground,” Crown prosecutor Erin Miller said in court Friday.

“Mr. Bayley then grabbed [the victim] by the arm and dragged [him], still unconscious, out the front door of the pub and onto the sidewalk outside. [The victim] was left on the sidewalk unconscious.”

The surveillance footage showed Bayley walking back into the bar.

Other patrons in the pub called 911, and paramedics arrived shortly after, bringing the victim to the hospital. He suffered lacerations to his face and his nose was broken in multiple places.

“You looked like a thug, you and your buddies there at the table, they came out and it was like you were just throwing a piece of meat onto the street,” Justice Gary Weatherill said to Bayley after seeing the surveillance video.

While Bayley and the victim had never met prior to the night of the assault, they had struck up a conversation that night and were sitting at the same table when an altercation occurred.

Bayley's defence counsel Wade Jenson explained to the court the victim had told Bayley he had just recently got out of jail and didn't have a place to stay that night. Jenson said Bayley told the man he may have a couch for him to stay on, but first asked what the man had been in jail for.

“That's what changed the demeanour of [the victim] 180 degrees,” Jenson said. “[He] was clearly defensive about the question and he lashed out suggesting that Mr. Bayley and his friends were probably 'narcs.'

“What immediately preceded the blows of Mr. Bayley on [the victim] was [the victim's] threat to Mr. Bayley's daughter.”

Earlier in the night, Bayley had been talking to his friends about his infant daughter, and Jenson suggested the victim had overheard him.

“It made no sense, but it appeared that it was simply an effort to get a reaction out of Mr. Bayley, and it certainly achieved its purpose ... it completely came out of the blue and it shocked Mr. Bayley.”

When Jenson began to speak about Bayley's daughter during sentencing Friday, Bayley became visibly emotional.

Miller said the victim in the attack currently has no fixed address, and he wasn't involved in the Crown's prosecution against Bayley.

Miller noted that prior to the assault, Bayley was wearing a distinctive black vest with a red “British Columbia” patch on it.

“This vest was Mr. Bayley's prospect vest, and identified Mr. Bayley as a prospect, or prospective member, of the Hells Angels motorcycle club,” she said.

“In the days following the assault, some patrons and employees of Doc Willoughby's, became aware that Mr. Bayley may be affiliated with the Hells Angels, and this of course had a chilling effect on witnesses. Some witnesses indicated that they were fearful as a result and it certainly influenced the witnesses' willingness to cooperate with the prosecution.”

As part of the RCMP investigation into the assault, police raided the Kelowna Hells Angels clubhouse back in May of 2019.

Jenson told the court that Bayley has “come a long way” in the last two years, and now attends counselling regularly. The status of Bayley's current affiliation with the Hells Angels was not mentioned during Friday's submissions.

While the range of sentences for an aggravated assault is somewhere between 16 months and six years, both the Crown and defence had agreed that nine months of jail was appropriate for Bayley, and they submitted a joint sentencing submission Friday. Justice Weatherill ultimately agreed with the sentence.

In addition to the nine months of jail, Bayley will remain under probation conditions for an additional 18 months upon his release. Part of his probation conditions include not going to any Hells Angels clubhouses, and not wearing, or being with anyone else who's wearing, any Hells Angels clothing.

Before delivering his sentence, Justice Weatherill asked Bayley, “what were you thinking?”

“To be honest, I was not at that time in my life sir,” he replied. “I was a very different person than I am now. I was a mess, and I'd just like to apologize.”