Assault on guard draws five months in jail EDITORIAL STAFF The Guardian
A 19-year-old Cardigan man who assaulted a correctional officer at the provincial correctional centre earlier this year has been sentenced to serve five months in jail.
The sentence was handed down Wednesday by chief provincial court Judge John Douglas in the case of Marshall Andrew Vuozzo.
Vuozzo, whose actions at the correctional centre prompted the president of the union representing correctional officers to express concerns for their safety on the job, had pleaded guilty to a summary conviction assault.
The Crown had originally intended to proceed by way of indictment which could have opened the door to a much longer sentence but that did not come to pass. The maximum penalty for a summary conviction assault is six months.
Crown prosecutor Cindy Wedge asked for the maximum sentence.
She cited cases of assaults on correctional officers from across the country in which the sentences varied from a few months to more than two years.
Wedge said this was a very serious assault and must be treated as such. She described the assault as a planned deliberate attack.
Wedge said the sentence being imposed in this case would be followed closely by correctional officers and inmates.
She said the correctional officers would be following the sentence with an eye to the level of protection that is afforded them in the performance of their duty.
Inmates, she said, would be following the sentence to see what kind of jail time they would be looking at if they decided to strike out at a guard.
Thane MacEachern, Vuozzo’s defence counsel, argued that the six-month sentence proposed in this case was excessive and proposed a sentence more in the range of 30-60 days.
MacEachern said Vuozzo, who had never been in jail before, was encouraged to strike out at the correctional officer in question by other more seasoned inmates.
He said Vuozzo was remorseful for his actions, that he was not really a violent person and felt bad about striking the officer.
He said that in a sense he was more frightened than angry when he struck the officer because of what some of the other inmates had said to him.
MacEachern noted that Vuozzo’s pre-sentence report was generally positive.
He said a number of people interviewed for that report had made positive comments about his nature and his abilities.
Speaking for himself, Vuozzo said that while sitting in jail for the last several weeks awaiting sentence, he’s had time to think about the things he’s done, things he wishes he could change but can’t. He said he’d come to Charlottetown with a bad drug problem and that it only got worse.
He said he wanted to return to his home in Kings County, go back to work with his father in the fishing industry and resume his education.
In addition to the charge of assaulting a police officer, Vuozzo was sentenced by Douglas Wednesday on several other matters.
He had pleaded guilty to charges of theft, break, enter and theft, possession of stolen property and failure to appear for court.
Sentence was suspended and probation ordered on some of those charges.
But Douglas did sentence Vuozzo to an additional three months custody for the break and enter charges, the possession of stolen property and the charges of failure to appear.
Upon his release from custody Vuozzo will be placed on probation.
As part of his probation he must undergo assessment, counselling and treatment, if required, for his use of alcohol and/or drugs and/or any other underlying issue that contributed to the commission of these offences.
He must also pay restitution totaling just over $1,300 for his various offences.
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JD from PE writes: Interesting!!!
When see a jail Guard attack and beat a 50 year old man he gets of with a slave on the wrist.
But when see the shoe is on the other foot and the Jail Guards are the ones being beat up we the accused getting 5 months in jail.
This is justice PEI Style.
Unbelievable simply unbelievable and this is what we pay judges for.
I guess this inmate should have had his father take up golf and start playing the judges and he might have gotten a lighter sentence or a complete discharge.
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joe from pei writes: Oh well,at least he got his flu shot.
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bill from pei writes: make an example of the jerk
he can't do that- he's not a guard at a night club
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MRA from ri writes: when will these people take responsibility for there actions? if hope his lawyer had harp&violion music playing in the background, while pleading his case.
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Old Tory from P.E.I. writes: This punk is bad, he should have been indicted and sent to a federal pen for 5 years.
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Cry Me a River from pei writes: Interesting..check out his FaceBook Profile...looks like he has some issues that need resolving!
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To JD from PEI writes: Are you ridiculous, do you understand the facts of the case? The man who was attacked was trying to do his job and handle the inmates. One incident with two correctional officers and your ready to condone the inmate’s actions! Correctional Officers have a very difficult job they handle dangerous people on a daily basis. Six months is a pathetic sentence for assault, especially when the man was already awaiting sentencing. I bet the inmate in question is not remorseful at all; he will go back to jail and be viewed as a hero. He put a show on for the court to get the sympathy.
I do agree with you in the fact that this is PEI justice - he should have gotten a longer sentence!
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a parent from PEI writes: So he did it because someone told him to do it? MAKE an EXAMPLE of him and do more then giving him a little hand slap. Charges of theft, break, enter and theft, possession of stolen property, failure to appear for court & assaulting a police officer. Seems like he needs to learn a lesson - and fast!
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Not Mrs. Soffel from P.E writes: What else might he do when peer pressured? Sounds like a twinke type defense.
Who pressured him to do all the acts while not in custody?
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send him away from pei writes: What a fool !!! now he has to serve 5 more months in a jail that in one way or another he will get it back,or when he hits the streets of Charlottetown,now I'm not saying the gaurds will or should do something about it,but someone will.
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Tom Collins from PEI writes: It's important to realize that life inside a prison is nowhere near the same as the outside. You can't say its not that bad because it is, and unless you've been there you have no idea.
The intimidation and fear of what would have happened if he didn't punch the guard was probably alot scarier to him than an extra 5 months. Reply what you want, but its the truth.
What would you do if you were in jail at 19 and a convict(s) ten years older than you told you to punch a prison guard? If you didnt do it, you had nowhere to go and no one to run to, and that guy(s) was particularly angry with you.
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tazer from charlottetown, pei writes: It is a joke a guard beats a civillian off duty at a bar for no reason . whetger this criminal is bad or not . with the reputation the guards have and their public performance at a bar , I would say they act like that at work home or where ever . Yes law inforcement is a difficult job , but they are sypposed to be trained professionals , the reason one likes these jobs is the power to control people and act agressively legally ne cause they can . May be a tazer would ve of such a profesional tool , but I suppose it would be misused
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