A Kamloops man who — causing “significant” injuries and leaving her scared to cycle — has been ordered to spend the next 12 months on probation.
But Tyson Gregory Pentney, 29, will not have a criminal record if he completes the period of probation without incident, a judge has ruled, despite the suggestion of a prosecutor who said the incident was too serious to result in such a sentence.
Pentney pleaded guilty in Kamloops provincial court on Thursday to one count of assault with a weapon.
Court heard the victim, a woman who Castanet Kamloops is not naming, was riding her e-bike along Rivers Trail on May 29, headed from Westsyde toward downtown.
Crown prosecutor Evan Goulet said the woman noticed a man beneath the Halston Bridge acting strangely.
“She could see him knocking a rock against the concrete and singing,” he said.
“She went under the bridge, and while she was going under it she was hit with a rock.”
Goulet said the rock just missed the woman’s eye, causing a gash in her face. The impact sent her crashing off her bike, and her handle bar caused another gouge on her thigh.
Both cuts required stitches and the woman was left with swollen eyes.
The woman prepared a victim-impact statement, which Goulet reviewed in court. In it, she said she has been anxious and scared to ride her bike in the months since the incident.
Pentney has no previous criminal record. Goulet was seeking 12 months of probation while defence lawyer Jamie Gagnon suggested a conditional discharge with 12 months of probation, meaning Pentney would have no criminal record if he completes the term without incident.
Goulet said the seriousness of the offence demands a serious punishment.
“Mr. Pentney needs to have a criminal record as a result of this behaviour,” he said.
Gagnon said Pentney meant no harm.
“He does admit to throwing the rock, but he was not intending to cause anyone any harm,” she said.
"He said he was having a bad day and could not control his emotions. He was trying to get his anger our by throwing rocks."
Kamloops provincial court Judge Stella Frame sided with Gagnon, agreeing to place Pentney on a 12-month conditional discharge.
Pentney will be required to take counselling as part of his probation, and he will be prohibited from having any contact with the victim or possessing weapons.
Pentney was also ordered to submit a sample of his DNA to a national criminal database.
