Crown prosecutor Patricia Innes portrayed an Edmonton man as violent, aggressive and hostile as she argued to have him incarcerated indefinitely for a brutal assault against a St. Albert man last year.
Gary Edwin Mattson pleaded guilty to a single count of aggravated assault in May against Tom Bregg, a St. Albert man and Edmonton Transit Service (ETS) driver. The crown is now seeking a dangerous offender designation, which would keep Mattson in prison indefinitely.
On the morning of Dec. 3, 2009, Bregg was driving an ETS bus near 137 Avenue and Victoria Trail when Mattson ran after the bus and attempted to jump on.
Bregg stopped the vehicle and let Mattson on. An argument ensued over the fare, even after Mattson was offered money to cover the bus ride. The confrontation continued and Bregg eventually demanded Mattson get off the bus.
Mattson continued arguing with Bregg, before punching him repeatedly, dragging him from the bus and hitting him more than a dozen times.
Bregg’s recovery took months, with lengthy hospital stays in intensive care and at a rehabilitation hospital.
During a hearing in May the court heard several doctors testify the recovery process is continuing and the man will never be able to drive again.
A dangerous offender designation would incarcerate Mattson until there is an assurance he would not be a danger.
Innes outlined the Crown’s argument in her opening statement and said it is important to remember this hearing is unlike a standard sentencing because it has only one goal.
“The overriding imperative is not punishment of the offender but the protection of the public.”
While the designation does not guarantee an indeterminate sentence, Innes made it clear that is what she wants from the case.
“The Crown’s position is that only an indeterminate period of detention will protect the public.”
The hearing is expected to run until the end of this week and then continue for two weeks in February.
Innes outlined that, in addition to a psychiatric report about the danger Mattson represents, she intends to call witnesses and present evidence about his previous criminal record.
She said Monday, during various stints in the Edmonton Remand Centre, Mattson has been involved in several assaults against other inmates.
“Some of these assaults were pre-meditated attacks intended to avenge a perceived slight,” she told the court.
She said his criminal record, which has several assault convictions, demonstrates an inclination for violence.
“It will demonstrate a history of violent behaviour and hostility toward authority figures.”
Innes referenced the psychiatric reports that were completed after the May hearing and said they stated Mattson posed a “high to very high risk to re-offend violently.”
Mattson’s lawyer Naeem Rafu made only a brief response to Innes’ opening remarks. He said his client’s criminal record has never included a lengthy prison sentence and to jump immediately to a dangerous offender designation is inappropriate.
“The longest sentence that has been imposed upon him was 90 days.”
He also cautioned against putting too much faith in the testimony of psychiatrists.
A dangerous offender designation would likely not lead to any treatment for Mattson, Rafu said adding dangerous offenders are the lowest priorities for prison officials with little time spent on their rehabilitation.
