Judge declines jail sentence in assault conviction

By Delon Shurtz - Lethbridge Herald on November 10, 2022.

LETHBRIDGE HERALDdshurtz@lethbridgeherald.com

A judge has rejected a recommendation that a Lethbridge man go to jail for assaulting a commissionaire and threatening to shoot people working at a Service Canada office in the city.

Crown Prosecutor Adam Zelmer asked Judge Jerry LeGrandeur Wednesday in Lethbridge provincial court to sentence Bradley Kim Bergman to a jail term between two and three months, and noted Bergman has a criminal record, although dated, which includes convictions for similar offences.

“This specific individual has a history of violent offences and uttering threats offences, for which he has received prior custodial sentences, and not insignificant custodial sentences,” Zelmer said.

Bergman was charged with uttering threats and one count of assault stemming from incidents on Aug. 9, 2021 when he entered a Service Canada office in the city and became upset with a commissionaire. Bergman pushed the commissionaire, kicked him in the groin, then looked at another commissionaire and said, “remember this face; I’m going to come back and shoot everyone with a gun.”

Lethbridge lawyer Miranda Hlady suggested her 69-year-old client receive a suspended sentence with probation, and pointed out he has not been in any trouble since the offences over a year ago. She said Bergman suffers from depression and bipolar disorder, and he was frustrated he wasn’t receiving money to which he was entitled.

When given the opportunity to speak, Bergman at first said he didn’t think the court wanted to hear what he had to say, then he apologized.

“I’m sorry I hit (the commissionaire),” he said. “I was very frustrated that day. I can’t even begin to tell you what led up to it, and so let’s just get on with it.”

LeGrandeur acknowledged Bergman’s mental health challenges, but noted he is also well educated.

“I look at a man who has a Bachelor of Education from the University of Lethbridge. That’s no small feat,” LeGrandeur said.

He also noted there was a lengthy period of time between the offence in October of 2021 and his last conviction before then in 2015.

“So he doesn’t come before the court as an individual of absolute previous good character, but he has a substantial gap that suggests that he’s changed his life and functioned obviously pretty well during that period of time.”

LeGrandeur said denunciation and general deterrence are not primary sentencing factors in Bergman’s circumstances because of his mental health problems, which also reduce his moral culpability for the offences.

“So I’m suspending the passing of sentence for a year. He’s not going to jail.”

Bergman will be on probation for a year, during which he is prohibited from possessing weapons. He is allowed to attend the Canada Service office, but only for legitimate business, and he is not to have any contact with the two commissionaires. He must also be assessed and take counselling as directed by his probation supervisor, which may include counselling for anger management and psychological and mental health issues.

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