In an assault case where no one else involved appears to remember what happened, Dylan Walsh took some of the responsibility Friday afternoon, telling a judge he kicked the victim.
Walsh, 20, pleaded guilty to assault in connection with the Aug. 5 incident, which happened in a basement apartment in the city’s west end and sent a man to hospital with serious stab wounds. Walsh had been set to go to trial with co-accused Devon Joy earlier in the week on an aggravated assault charge, but pleaded guilty to the lesser charge of assault instead.
Joy’s trial is ongoing but is facing challenges, given that the victim and a witness who was in the home say they can’t remember what happened. Walsh, however, proceeded directly to a sentencing hearing.
He also pleaded guilty to other unrelated offences, including running from police with a sawed-off .22 calibre rifle and ammunition in a backpack last year.
“I wish I understood why a 19-year-old man would have a semi-automatic weapon on Bannister Street in Mount Pearl at 8:30 in the morning. I don’t know if you can help me understand that,” Judge Jacqueline Brazil said to Walsh, who shook his head.
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Walsh had no criminal record until he was charged with aggravated assault last August.
That October, police received a report of young men fighting on Bannister Street early one morning. Officers located Walsh, who was wearing a backpack, walking with another young man, but he attempted to run away. Police located him behind a house on Smallwood Drive, with the backpack on the ground nearby. Inside was the gun and ammo.
“Clearly a firearm of that type has no place on our streets and Mr. Walsh knew that when he ran from police,” prosecutor Jeff Summers said.
Summers said Walsh had told police he would get another gun when he was released from custody.
Walsh was later released on bail with conditions, including that he adhere to a curfew and check in multiple times a week with police. He broke those conditions in November and a warrant was issued for his arrest. He was located in January and has been in custody ever since.
Summer suggested jail terms of four months for each of Walsh’s two weapons charges, 30 days for the assault and 30 days for each of the breaches, with some of them to run concurrently for a total of six months.
Walsh’s lawyer, Ken Hollett, agreed with the suggestion, saying Walsh has a supportive mother, had completed high school credits in jail and was open to counselling for the cocaine addiction he was battling before he went to prison.
“He plans to upgrade himself and there’s no reason why he should be here again,” Hollett said.
“I hope you give me a second chance so I can change my life,” Walsh said to Brazil when she asked if he had anything to say. After a short break, the judge endorsed the suggested sentence and gave Walsh enhanced credit for the time he has spent in custody. He was released.
“I hope you mean that,” Brazil told him before adjourning court. “Lots of people succeed and lots of people fail, and I see that every day when I come to work. You’re either going to get a handle on this or you’re not. Cocaine addiction is something that’s not easy to manage, but you’re in the system now. There’s lots of help available, but you’ve got to take advantage of it.”
Twitter: @tara_bradbury
