
A Vernon man has avoided jail after attacking two people in different cases about a year apart.
Kenneth Allan Leo had previously pleaded guilty to one count of assault and one count of assault causing bodily harm stemming from two incidents about a year apart. Provincial court judge David Patterson sentenced him June 5 to a 12-month conditional sentence order.
The first attack took place in August of 2022 after John Harvey exited his room at the Tiki Village Motor Inn to investigate a disturbance outside.
He saw Leo, who approached with a bottle of alcohol in his hand and said, “You got a problem?” He then punched Harvey seven to 10 times in the head, resulting in a bloody gash requiring 11 stitches and vision loss in one eye, which has since healed.
Harvey said he had a “sincere hope” that the assailant “gets the help he needs” and “no one else has to suffer from Mr. Leo’s actions.”
The second victim refused to co-operate with investigators, but police obtained camera footage from September of 2023 that showed Leo “taking a swing” at Ben Gowliuk outside of Turning Points Emergency Shelter. A witness told police at the time that Leo was “coming to the defence” of someone who was being picked on.
Leo has little to no memory of either assault due to alcohol intoxication at the time of both attacks.
In Patterson's decision, he said he felt Leo had genuinely demonstrated remorse for his crimes and is now facing the “demon” of his alcohol addiction. He added Leo demonstrated a desire to live a lawful and productive life.
He also cited Leo's criminal record, which includes two breaches of probation, six robberies, and unlawful possession or carrying of a weapon.
Patterson noted Leo’s indigenous heritage and the impact it may have had on his life. He said he was required to consider the lasting impact colonialism and residential schools have had on the Indigenous community and the resulting “disproportionate incidences of addiction and crimes.”
Patterson ordered a 12-month conditional sentence order, which aligned with Leo’s request for a six to 12 month conditional sentence and went against the Crown’s request for four to six months in jail with an additional two years probation.
“While I am not sitting in an Indigenous court for the purposes of Mr. Leo’s sentencing, I have nevertheless kept in mind and applied, albeit in a modified form, the principles of restorative justice in rendering my judgment. Specifically, I have addressed the harm caused by Mr. Leo's offences and hold him responsible for his crimes,” said Patterson.
Leo must abide by conditions for 12 months, including being home between 5 p.m. and 8 a.m. every day, not entering liquor stores or bars, staying away from the victims, and completing 60 hours of community service.
Leo was also ordered to submit a sample of his DNA to a national criminal database.