Windson Star
An Amherstburg man who punched an openly gay man and broke his nose after a night of drinking in downtown Windsor will not go to jail because of his otherwise “exemplary” background, an Ontario Court judge ruled Thursday.
John Raymond Meloche, 28, received a suspended sentence and will be on probation for 18 months after he was found guilty of assault causing bodily harm last month. Meloche was acquitted of public incitement of hatred, but Justice Guy DeMarco said Thursday he suspects the attack did have “an element of gay bashing.
“But I can’t sentence you on suspicion,” DeMarco said, citing Meloche’s previously clean record, volunteer work and letters of support as reasons for not imposing a jail sentence.
Meloche was arrested in the early morning hours of May 30, 2010, after he punched Justin Jarecki and Denton Callender inside Pizza Pizza on Ouellette Avenue following a verbal altercation. The victims had testified that Meloche was making derogatory comments about “fags” and that Callender confronted him before things got physical.
Jarecki needed reconstructive surgery to fix his broken nose and cheekbone while Callender sustained minor injuries. Meloche fled the scene and was arrested after a foot chase by police.
Meloche had testified that he punched the men because he feared for his safety that night. DeMarco dismissed that claim, saying he didn’t believe Jarecki was a threat because of his “frail and timid” manner.
“He posed no real threat to you,” DeMarco said. “The injuries sustained by (Jarecki) were very serious. He could have died … he could have been disfigured.”
In addressing the court, Meloche expressed remorse for the attack.
“The whole night was horrible circumstances,” he said. “I want to apologize. I’m sorry. That whole night messed up my life.”
Meloche’s lawyer Andrew Bradie said his client was provoked by Callender’s comments and his reaction was “impulsive, not premeditated.”
DeMarco made “a very careful and reasonable decision which emphasized properly the extent to which my client has been otherwise a significantly contributing member of the community … and a lawabiding, responsible person,” Bradie said outside court.
He said Meloche works with an autistic child 18 hours a week, is active in his church and has been involved with Big Brothers and Big Sisters, as well as fundraisers for children with cancer.
While on probation, Meloche is prohibited from having contact with Jarecki and Callender, drinking alcohol or possessing any weapons. He must report regularly to his probation officer and agree to any counselling required, including anger management therapy.