Man hoping for conditional discharge for road rage incident

By Delon Shurtz on June 2, 2021.

LETHBRIDGE HERALDdshurtz@lethbridgeherald.com

A Lethbridge man who hopes he’ll receive only a conditional discharge for headbutting another man during a road rage incident more than two years ago, will have to wait a few more weeks to see if a judge grants his wish.
Colton Hunter Hemmaway, who pleaded guilty in January to one count of assault, was set to be sentenced Monday in Lethbridge provincial court, but it was adjourned to deal with a disagreement over the facts of the case.
Defence is seeking a conditional discharge, which means Hemmaway won’t be convicted of the charge if he follows conditions of a probation order.
The Crown recommends Hemmaway receive a suspended sentence. Hemmaway would still be convicted but, as the term implies, the judge would suspend the passing of sentence while imposing conditions of a one-year probation order. If the conditions are breached, the court may sentence Hemmaway for the original offence.
Following Hemmaway’s guilty plea in January, Court was told a man saw a woman speed past him in a vehicle about 10:45 a.m. Dec. 18, 2018. The man, who suspected the woman was speeding, jumped into his own vehicle and followed her.
The two drivers repeatedly passed each other until the man pulled in front of the woman and slammed on his brakes, Crown Prosecutor Dawn Janecke told the judge. The woman struck his vehicle and both drivers stopped, but the man got out of his vehicle and began banging on the woman’s window.
The woman called police, then called her boyfriend, Hemmaway, who arrived before police and became involved in an angry altercation with the other driver.
Hemmaway headbutted the man, knocking him to the ground, then left before police arrived.
When police arrived shortly afterward they found the bleeding man still lying on the road.
During a sentencing hearing Monday, the victim’s impact statement was read in court, and alleged, among other things, that Hemmaway also “drop kicked” the victim and caused numerous injuries. Lethbridge lawyer Wade Hlady pointed out the judge should not consider the victim’s account of his injuries or the kick, which were not part of the facts previously agreed upon by the Crown and defence.
The sentencing hearing is scheduled to continue June 23.

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