Guilty in vicious assault

UPDATE: 5:30 p.m.

The man who organized a brutal sucker punch that put a young man in a coma was convicted of aggravated assault, Thursday in Kelowna. The nightclub bouncer who facilitated the vicious blow was convicted of assault.

The two-week trial of Steven Kaplan and Kyle O'Brien wrapped up last week, while the man who actually threw the devastating punch was sentenced to five years last May.

On the evening of Sept. 6, 2014, Steven Kaplan was involved in two fights with Michael Martin and a friend, outside the Liquid Zoo nightclub.

Following that, Martin and his friends made their way to Sapphire Nightclub, one block away.

Apparently not satisfied, Kaplan, now with the assistance of the much larger Steven Kollie, showed up at Sapphire and spoke with the two bouncers outside, one of whom was O'Brien.

Surveillance video shows O'Brien entering the club, finding Martin, and dragging him back outside in a chokehold, Martin's feet swinging above the ground.

Kaplan has a few words with Martin outside, before walking back to Kollie, who was in a nearby alley. As he walks away, Kaplan gestures to his eyes to O'Brien in a “watch him” manner.

After finding Kollie, Kaplan returns and engages Martin in conversation. Kollie walks towards the two men several seconds later, and as the large man approaches, Kaplan points to Martin. Seconds later, Kollie connects a thunderous left hand to Martin's face, making him “unconscious as he falls to the pavement,” according to Justice Allan Betton.

Martin fractured his skull on the pavement, putting him in a coma for several days and leaving him with brain damage.

During Thursday's judgment, Betton found that Kaplan was “intent on furthering the confrontation with Mr. Martin” following the initial fights and enlisted the help of Kollie in his altercation with the 130-pound Martin.

“His actions throughout were deliberate and appeared calculated,” Betton said of Kaplan.

Betton also found that O'Brien removed Martin from the bar at the request of Kaplan and Kollie, knowing the two men planned to assault Martin.

Betton ruled that O'Brien could not foresee the bodily harm that Kollie would cause Martin, and therefore convicted him of assault rather than aggravated assault.

A pre-sentence report has been ordered for both guilty men. Counsel will meet with Betton on March 27 to make sure the reports have been completed and to schedule a sentencing date.

The Supreme Court of Canada found last summer that Supreme Court trials should take no longer than 30 months from when charges were initially laid.

Kaplan's 30 months is up on April 20, which puts pressure on the timeliness of sentencing. If a trial takes longer than 30 months, an accused can apply to have the charges dismissed.  

---

ORIGINAL: 3 p.m.

Two men have been found guilty over a vicious assault at Sapphire Nightclub in Kelowna.

Steven Kaplan was found guilty of aggravated assault after weeks of trial for the September 2014 incident, in which Michael Martin was sucker punched, knocking him out, fracturing his skull, putting him in a coma for two weeks and causing brain damage.

Kaplan's co-accused, Kyle O'Brien, was found guilty of assault, because the judge couldn't find that he had any foresight of bodily harm, despite knowing an assault would occur.

Kaplan had been banned from most bars in town, but spoke to O'Brien, who shortly thereafter dragged Martin out in a chokehold.

Minutes later, Steven Kollie approached the man, punching Martin and walking away, with neither Kaplan nor O'Brien in pursuit.

Kollie was given a five-year sentence last May after being found guilty of aggravated assault.

As this is a developing story, Castanet will update with more details soon.

– with files from Nich Johansen