Todd Getson prepares to enter provincial court in Charlottetown Monday for sentence on a charge of assault causing bodily harm. Getson received a conditional discharge for a roadside assault on Allison McNally of Scotchfort. Guardian photo
A 40-year-old New Haven man found guilty of assault causing bodily harm in connection with a highly publicized roadside assault in Charlottetown earlier this year has been given a conditional discharge.
Todd Percy Getson has been placed on probation for 12 months, during which time he must keep the peace and be of good behaviour. Provincial court Judge Nancy Orr also ordered Getson to pay restitution of $500 to the victim of the assault, Allison McNally of Scotchfort, to cover a portion of the costs associated with the assault.
Getson must also refrain absolutely from having any contact with McNally and must draft a letter of apology for his actions.
Orr ordered Getson to perform 50 hours of community service work.
He will also have to provide a sample of his DNA to the national DNA databank where it will remain on file.
If he complies with all the conditions set by the court, Getson will not have a criminal record.
Orr said while Getson could not use provocation as a defence to assault, provocation can be considered as a factor in imposing sentence. And she found there was a high degree of provocation.
Getson punched McNally in the face after a bizarre series of events that came to a head near the Kentucky Fried Chicken Restaurant on St. Peters Road last November. McNally, disturbed with the manner in which the Getson vehicle was being driven, pulled his vehicle off the road.
The Getson vehicle stopped as well and McNally walked back to the Getson vehicle and tapped on the window. When no one in the vehicle responded, McNally opened the driver’s door to speak to the driver, who happened to be Getson’s daughter. It was at that point that Getson got out of the car, walked around and struck McNally.
Orr said she had to wonder why McNally, who has only one arm and suffers from a number of other health issues, would leave his vehicle and approach the Getson vehicle when he could clearly see there were four people in it.
Orr said that when McNally opened the door and confronted the driver, his actions constituted provocation of the highest order. McNally’s actions, she said, were unwise, possibly even foolhardy.
She said while Getson’s response to the situation cannot be condoned by the court, he essentially reacted to what he heard or thought he heard without taking the time to find out what was really going on. Orr said when Getson realized that he had hurt McNally — whom he did not realize had only one arm when he struck him — he tried to help McNally, tried to calm him down and tried to keep him from hurting himself. He enabled him to call for assistance.
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joe from pei writes: Wow,he sure looks scarey looking.
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What in the World??? from Prince Edward Island writes: You have got to be kidding!
Orr has condoned open season for public beating. Beat up who ever you want and pay $500 bucks.
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Road rage Is not cool from Pei writes: This guy should not have a license. Maybe an anger management course could still be added.....
Enjoy your community service... And don't drive like an idiot anymore.
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Comment#1 from PEI writes: No need for this behavior on Island roads
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Comment#2 from PEI writes: No Need for this on Island Roads!
PS... Nice picture
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GOOD PUNISHMENT from PE writes: That will teach him not to get convicted
of Assault causing bodily harm.
Go home , be a good boy and no criminal record. We must be the laughing stock of the North America.
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jo from pe writes: To: road rage is not cool, Buddy you need to get your facts straight, he WASN'T the driver of the vehicle, his daughter was......don't worry Mr. Getson, most people would've done the same thing, I know I would have.
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Dick Buttkiss from Charlottetown, PE writes: I think I will go beat someone up today. Apparently the courts don't care, they will just give me a slap on the wrist and tell me to go home....so what do I have to lose?
There are too many people out there who's first instinct is to throw punches and fight....those morons should be thrown in jail when they have a tantrum and beat other people up for no reason. Nobody keeps a cool head anymore and discusses the problem like mature adults. It's very disturbing if you ask me.
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Shaking My Head from PEI writes: I'm not a judge but even so... the time should fit the crime.
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Come On Now People from pei writes: Wow. seriously come on islanders seems like you guys are back in high school. the judge made her decision and with that its over no need to call names since its not required and since no one here was there we cant exactly make it sound like we were. This stuff happens everyday and there is more important things to be worried about like what am i going to make for dinner tonight. this thing has been blow out of portion and doesnt need your time being wasted on commenting. it is over, whats done is done. Move on.
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Sandi Cumalong from Charlottetown, PE writes: comments on Todd Getson, first Todd was not driving, he was in the back seat, second McNally was the one who went back to the car after stopping abruptly in front of the car that was behind him, went back and knocked on the window, opened the door and grabbed the girls shoulder (foolhearty), completely provoced, the teenager was not going to do anything as she was scared enough, so Todd did, ask one person if someone opened a door to their car, grabbed their daughter by the shoulder what they would do? exactly the same thing. I feel bad it was McNally but as stated Getson immediately rendered assistance so this was not a road rage type of thing it was the heat of the moment thing to protect his daughter.....As for Nancy Orr she done the right thing, took both sides into consideration. the reporting on this story does have some one sided issues and perhaps may be related to the victim in this instance.
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fred from western, pei writes: If this guy opened my car door I would probably have tagged him too! It's the same as coming into someone's house uninvited.
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Stephen from Stratford, PEI writes: I've known Alison for a good part of 30 years, I only know of Mr Getson through what ive heard. Yes, Alison shouldnt have approached the car, opened the door... Todd shouldnt have driven in the way he was driving to begin with either to cause the cars to pull over. I agree with most people here who would have done the same thing as Todd did, but the only difference is if he had of hit him once, the turnout may have been different, but he didnt just hit him once, he hit him multiple times, which went over the line. The punishment he got would have been fine if it was just one hit. Since it went beyond the one hit, the punishment is a complete joke.
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Supercork from pei writes: Where could we met up Dickbuttkiss? I'll love for you to attempt to beat me up
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Cheech Marin from Tijuana writes: Agree with you Fred from Western. Perhaps he used excessive force, but he was protecting his daughter.
I think this story is being blown out of proportion because the provoker is handicapped and seen as defenseless. That being said, leave the family alone, go about your business, and avoid getting in situations like this.
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get it right from pei writes: People are to quik to judge this man,his Daughter was driveing the car and when McNally opened the car door he started yelling at the girl,he was way out of line and needed a slap,just because he is missing an arm dont give him the right to be abusive to a 16 year old girl.
I know the law is on Mr McNall's side but Mr Getson did the right thing as far as im concerned.The press did a realy poor job on this story.
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Bax from Prince Edward Island writes: K Supercork...open my car door..you get knocked out. the end.
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