Unprovoked assault could land Penticton man in jail for two years

PENTICTON – A Penticton man is facing up to two years in jail for his part in a brutal, unprovoked assault that took place two summers ago.

Joshua Alexander Mcbride, 33, appeared in Penticton court today, Feb. 19, for sentencing following guilty pleas to charges of aggravated assault and uttering threats, stemming from an incident which took place Aug. 28, 2016.

Crown prosecutor Kurt Froehlich told court police were notified of an assault taking place in the vicinity of Main Street and Nanaimo Avenue around 2 a.m. Officers arrived on scene to find a man lying on his back and he was going in and out of consciousness.

Bystanders told police the victim had been assaulted by a man who approached him saying, “I’m an asshole, sorry about this,” before punching him in the head for no reason.

The victim was part of group of people walking down the street at the time of the incident.

Mcbride then turned on a second victim, but was chased away by other members of the group.

A woman, claiming to be Mcbride's ex-girfriend, told police during an argument while driving downtown Mcbride jumped out of the vehicle, ran down the street and accosted the victim. She said he returned to the vehicle smiling, with no signs of remorse.

Witnesses to the assault also identified Mcbride and a warrant was issued for his arrest. He was taken into custody on Dec.1 and later released.

Froehlich read two victim statements, both stating the incident had made them anxious and unable to sleep, and fearful of walking in the street.

He told the court Mcbride had been subject to a difficult upbringing, and had a history of alcohol and drug abuse. He has no previous criminal record and did not recall the events of the night in question.

Froehlich said the attack resulted in eight broken bones to the victim’s face, requiring surgery and the need for a titanium plate.

He asked Justice Meg Shaw for a sentence in the range of 18 to 24 months followed by probation for two years.

Defence lawyer Robert Maxwell agreed his client needed to go to jail for his actions. He said Mcbride was on an extreme high of drugs and alcohol the night of the incident.

Maxwell also noted his client’s poor upbringing, which included the split up of his family at age three,and  the murder of his grandmother when he was six,. Maxwell also noted Mcbride’s brother was currently serving a federal sentence.

He sought a sentence of one year for his client, followed by a year’s probation.

Mcbride expressed his remorse in a letter as well as verbally in court.

Justice Shaw opted to reserve judgement, adjourning the matter until Feb. 21 to fix a date for sentencing.

– This story was updated at 9 p.m. Feb. 20 to correct information about the next sentencing date.

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