Ryan Arcon and his defense lawyer will have to wait till next week to find out just what kind of sentence he will have to serve.
On Monday, a sentencing hearing was initially delayed because a pre-sentence report wasn't delivered to the judge on time. According to court officials, the report was couriered from the court house in Hamilton but didn't make it past the first floor of Kitchener court house.
In May, a jury found Arcon guilty on 4 of 5 charges of assaulting a Police officer who shot him.
The incident that happened back in March of 2010 was recorded in a 911 call from Arcon’s roommate, and played for the Jury during the trial. The roommate called police saying Arcon was on drugs, out of control and stabbing furniture.
During the trial, the Waterloo Regional constable who was called to the scene testified, he believed Arcon intended to stab him when he came at him with two steak knives.
The judge, will have to decide if Arcon should serve jail time or get a suspended sentence with probation for the assault.
Arcon has been under house arrest since he was charged. His lawyer Peter Boushy says a suspended sentence with probation is enough of a punishment.
“This is a man who was shot by a hail of bullets, by a miracle of God was lucky to have survive”
The constable has been cleared of any wrong doing by the special investigation unit.
The Crown Attorney wants a sentence of six months in custody.
Arcon’s lawyer says any jail time is too much for his clients’ mental and physical suffering from the shooting.
“To impose a custodial sentence as i indicated to his honour is to speak to a certain harshness that is utterly incompatible with the administration of justice in this country in the third millennium.”
The Crown Attorney won’t comment until the hearing is over. The sentencing hearing continues later this month.
Boushy says Arcon is suing Waterloo Regional Police over the shooting.
