Violent attacks have ‘sobering’ effect on accused

His anger may stem from his short stature, but a 23-year-old Chilliwack man charged with attempted murder and aggravated assault stood tall in provincial court Friday and apologized for his actions.

“I apologize to my friends and family sitting in the court room, for all the grief I’ve caused them,” said Jason W. Fothergill.

Fothergill is charged with the Jan. 31 attempted murder of a friend he believed stole a necklace from him, and the July 7 assault of a neighbour while on bail for the first offence. A co-accused in the Jan. 31 incident, Cody Wydenes, pleaded guilty earlier to aggravated assault.

The Crown is asking for a three-year jail sentence while the defence is asking for a conditional sentence.

In his sentencing submissions, Crown counsel Grant Lindsey described the Jan. 31 incident as a “cowardly attack” by Fothergill and Wydenes on an unarmed man.

“The victim said the accused jumped on his back,” Lindsey said, and cut his throat as they both fell backwards onto the street.

Lindsey said Fothergill was in a “violent rage” and threatened to slit the victim’s throat, “and that’s exactly what he did.”

“He was a matter of millimetres away from killing (the victim) over something as insignificant as a necklace.”

But defence counsel Brian Coleman argued the Jan. 31 incident was not a murder attempt, but an aggravated assault under the influence of alcohol.

“It’s not attempted murder, it’s aggravated assault,” he said, and “not as cold-blooded as my friend suggests.”

He said the three men were friends, but at a party that night their friendship had “deteriorated” under the influence of alcohol, which his client now acknowledges he can’t control.

“He can’t trust himself when he’s on liquor,” Coleman said, and both incidents have had a “sobering” effect on him.

Letters submitted in court from Fothergill’s aunt and grandfather agreed he would be “a law-abiding citizen,” if he controlled his drinking.

They also note Fothergill’s “tragic upbringing” and problems controlling his anger.

“He’s had some very unfortunate circumstances in his life,” Coleman said.

He said Fothergill has not been able to get into anger management programs during the year he’s been in custody, but he has attended Bible studies and completed a substance abuse program.

He also said Fothergill has no previous record, and his pre-sentence report is “positive” with a recommendation for a conditional sentence from a probation officer.

Judge Thomas Crabtree could order a conditional sentence, if he decides on a sentence of less than two years.

Crabtree reserved his decision until July 22.

rfreeman@theprogress.com