By Patrick Burles

Sentence Handed Down for Assault Causing Bodily Harm

Jan 13, 2016 | 8:13 PM

LETHBRIDGE: Scott Randal Ostby was handed a sentence of 90-days in jail Monday, after entering a guilty plea in October to a charge of assault causing bodily harm.

In February of 2013, Ostby’s father had left a bag of his belongings on a bench while visiting his son at work, and 63-year old Barry Pelletier picked it up and walked away. The 30-year old Ostby pursued him, and when Pelletier wouldn’t let go of the bag the two struggled over it, before Ostby shoved him and Pelletier struck his face on a picnic table, causing extensive injuries. Ostby then put his foot on Pelletier’s chest and wouldn’t let him up, but left as a witness approached the scene.

Several days later Pelletier died in hospital, however doctors say it was unrelated to the assault, and it was noted that Pelletier had a number of pre-existing health issues.

Shortly after Pelletier’s death, Ostby and his father were charged with aggravated assault, but Ostby was able to plea to the lesser offence of assault causing bodily harm, and the charges were withdrawn against his father.

Referring to a pre-sentence report, the Crown noted that Ostby has shown little remorse for his actions, and that he feels justified in what he did. The defence countered by saying that Ostby was within his legal rights to go after his father’s property, and said it was “over-exuberance” that led to his client shoving Pelletier.

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Because of time already spent in pre-trial custody, Ostby only has 45-days left and he will be allowed to serve that time on weekends.