Pubdate: Wed, 31 May 2006
Source: Huntsville Forester, The (CN ON)
Copyright: 2006 The Huntsville Forester
Contact:  http://www.huntsvilleforester.com/
Details: http://www.mapinc.org/media/2430
Author: Jack Tynan
Bookmark: http://www.mapinc.org/coke.htm (Cocaine)
Bookmark: http://www.mapinc.org/rehab.htm (Treatment)

VICTIM OF DRUG-CRAZED ATTACK UNHAPPY WITH ASSAILANT'S THREE-YEAR
SENTENCE

David Jennings and his family said they continue to suffer since a man
on a cocaine binge randomly chose to break into their rural Huntsville
home and beat the father of three unconscious last year.

Blair Margetts, a 42-year-old from Windsor, broke into the home at
2:45 a.m. on May 19, 2005 with a tire iron and beat Jennings in front
of his children and wife. He pleaded guilty to charges of assault,
assault causing bodily harm and break and enter March 10 and on Monday
was sentenced to three years in jail.

Despite the sentence, Margetts will only spend one more year in jail
because he gets a two-for-one credit for the year he's already spent
behind bars.

"I don't think the sentence was fair," Jennings said on the phone from
his home Monday night. "I still have dizzy spells and pain. I've got
lingering physical problems, lingering emotional problems and the
business has collapsed."

While Margetts beat Jennings, his oldest son tried to fight the man
off and his wife and daughter screamed for help until the couple's
youngest son, then 17, loaded a family rifle and shot Margetts in the
face.

Jennings said his family's relationship has been strained since, and
because he was off work as a self-employed dental equipment technician
for six months to recover from injuries, he lost all his clients. The
Jennings will move into a smaller home Monday, June 5.

"The main thing that bothers me is the process the court has where the
accused gets twice the time for time served before sentencing even if
he's the cause of all the delays," he said. "I understand if it's
because the court is bogged down, but he's changed his pleas and
firing his lawyers. It's not fair."

At the same time, Jennings said, he's relieved it's
over.

"My wife and my kids and myself just want closure," he said. "We just
want it finished."

Windsor attorney Gary Mendler asked the court to consider releasing
his client without serving any more time because of what he called
"mitigating circumstances," including Margetts' bipolar disorder, the
amount of time he spent in "lockdown" while in prison and the "street
justice" he suffered by being shot in the face. The bullet is still
lodged near Margetts' spine, said Mendler, who asked for two and a
half to three times credit for pre-trial prison time.

"Being shot in the face obviously caused some serious injury to Mr.
Margetts," he said. "His mouth was wired shut and he lost 60 to 80
pounds while in custody."

Mendler also argued that Margetts should receive rehabilitative
treatment for his bi-polar disorder rather than more jail time.

"The treatment is generally given precedence over deterrence," he
said. "Severe punishment is less appropriate to those with mental illness."

Margetts was off his medication for mental illness when he went on the
week-long cocaine binge and attacked Jennings, the court heard.

"Even if he was not on his medication, it was his decision not to take
his medication," said assistant Crown attorney Lyndsay Jeanes.

Jeanes asked for the three-year sentence, citing his long criminal
record, including an incident where he was found not criminally
responsible for attempting to murder a police officer because of his
mental illness. Jeanes said her office already gave Margetts a break
for a crime that could merit four to six years in jail.

"This accused has been given the benefit of counselling and assistance
time and time again," she said. "It's a song and dance. He knows what
to say. He knows how to act. He knows how to get treatment. Once he
gets out of those doors he's not going to carry through with any of
it."

In passing sentence, Justice Robert Weekes listed Margetts' prior
convictions dating back to the 1980s.

"If he chose to go off his medication, he has no one to blame but
himself," Weekes said. "I consider the Crown's position to be so
generous to the accused there is no need for the sentence to be any
greater than two for one" for time served.

Margetts was also sentenced to another 60 days for drinking and
driving and failing to appear in court before the May 19, 2005 attack.
Once released, Margetts will be on probation for three years,
including orders he not drink or do drugs and that he stay away from
the Jennings family. 
- ---
MAP posted-by: Steve Heath