HUNTSVILLE - A Huntsville man will spend the next four months in jail after he pleaded guilty to assault charges in Huntsville court on June 6.
Kyle A. Ball, 25, pleaded not guilty to assault causing bodily harm, but did plead guilty to the lesser charge of assault.
He had been in jail 52 days at the time of last week’s court appearance.
According to Crown attorney Peter Westgate, witnesses at a Main Street West residence told police they heard a commotion outside their home on April 7 around 5:15 p.m.
When they looked, they spotted a man, later identified as Ball, challenging another man to a fight. They described Ball as “acting like a boxer” in moving around the other man.
The victim, described by witnesses as appearing to be dazed, kept telling Ball no. They told police that Ball then proceeded to punch the man in the head several times, as well as slapping him.
The man, according to witnesses, fell to the ground and “looked dead.” Ball, reportedly then left the area.
Westgate told Judge JD Evans that given the nature of the assault and the accused’s “extensive criminal record” that the Crown was seeking four months in custody in addition to the 52 days Ball already served in pre-trial custody.
Defence lawyer John Sharkey stated there were some conflicting accounts of the incident. He said the assaulted man, who he claimed was extremely intoxicated at the time, had a collision with a parked vehicle and scuffled with another person before Ball got involved and tried to break the fight up.
Sharkey said the victim thought that he was initially scuffling with Ball, and that the incident escalated into the assault, adding that the accused man “went too far.”
He also noted that when Ball discovered police were looking for him, he turned himself into the Huntsville OPP detachment and was arrested.
Ball apologized to the court for his actions, admitting that he did go too far in the matter.
“I want to put this behind me and move on,” he told Judge Evans.
However, the normally composed Evans did not appear sympathetic after hearing Ball’s statement.
“Mr. Ball, are you tired of seeing me?” he asked.
“Yes,” replied Ball, the words were barely out of his mouth when Judge Evans continued, “Because I am tired of looking at you.”
The judge called Ball’s record “horrendous,” and said that he didn’t think any term of probation would be beneficial to the accused man.
“This court has given you numerous probation orders to help you out but you insist on coming back here,” the judge said. “The court has no confidence probation will help you. It is really time for you to grow up and shape up your life.”
Judge Evans asked Ball when he thought he would grow up and act responsibly.
“Soon, I hope,” Ball replied.
Judge Evans agreed with the joint submission of four months, and despite his earlier misgivings, did place Ball on 18 months probation.