The sentencing hearing for Garry Edwin Mattson, who pleaded guilty to a vicious assault on an Edmonton Transit bus driver from St. Albert concluded yesterday, but the judge reserved his decision on whether to allow the Crown to pursue dangerous offender status until later this month.
Judge Harry Bridges' decision, set for June 28, will be the first step towards declaring Mattson a dangerous offender, which could keep him incarcerated indefinitely.
In the fourth day of the hearing, Crown prosecutor Patricia Innes argued strenuously that Mattson's actions on Dec. 3 were a clear indication the designation was warranted, as the victim, Tom Bregg, told the court about the lasting impact of the attack.
"I have lost six months of my life and my trust in humanity," wrote Bregg in his victim impact statement, which he declined to read in court.
In the statement, Bregg thanked his family and friends for their support and listed the series of debilitating injuries he suffers from.
"The stress on my family has been incredible. They supported me and cared for me from the moment I was brought to the hospital in near-death condition until the present," he wrote. "I am well on the road to recovery, but still suffer facial injuries including the likely loss of the left eye."
Among many other factors, Inness argued the serious nature of the attack warranted dangerous offender status.
"It is one of the most brutal offences one can imagine."
At an earlier date in the hearing, the court saw video footage of the attack from security cameras on-board the bus.
Mattson can be seen arguing with Bregg, apparently over a fare dispute, before the driver demands he leave the bus. Mattson suddenly punches Bregg, landing three successive blows on the 59-year-old Edmonton Transit driver.
Mattson then drags Bregg from his chair and throws him out of the bus, where he stomps on Bregg's face more than a dozen times before pausing briefly and stomping one last time.
Defence lawyer Naeem Rafu agreed with the Crown about the brutal nature of the attack, but argued Mattson simply did not have the criminal history to warrant a dangerous offender designation.
While Mattson has a lengthy criminal record, he has never served more than 90 days in jail.
"There are simply no reasonable grounds to believe that Mr. Mattson will be found to be either a dangerous offender or a long-term offender."
Inness and Rafu argued at length about whether Mattson could even be considered for such a designation without a record that included more jail time.
Inness argued the sentences alone do not necessarily reflect the seriousness of Mattson's prior crimes and they should be examined more closely during the rest of the dangerous offender process.
Apology
After the hearing wrapped up for the day, Mattson's mother, who has attended most of the hearings, talked to Bregg outside court and apologized for her son's actions.
"What my son did to you was not right and I am sorry."
Bregg acknowledged the woman's apology, but declined to talk about it further.
If the judge allows the dangerous offender status hearing to continue, a series of psychiatric and psychological reviews will be performed over the summer before a final decision is made, likely in the fall.
Mattson pleaded guilty to aggravated assault and assault on a police officer.
