Judge gives young brawler chance to realize career dream

Published Friday July 25th, 2008
A3

The charges against former Timberwolves right-wing Logan McEvoy, 20, following a fight outside the Opera House nightclub left his future career plans in jeopardy — but a judge decided to give him a second chance.

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Logan McEvoy last season with the Miramichi Timberwolves.

The record showed on the early hours of April 13, Const. Andrew Vickers of the Miramichi Police Force saw two individuals yelling and challenging each other to a fight. There was a wild crowd that night and there were multiple disturbances.

When Vickers arrested one of the men, Derrick Donahue, McEvoy continued to come at Donahue, even as he was being taken away. Once officers place Donahue in a patrol car, McEvoy clambered onto the door and attempted to climb through the passenger window to get at Donahue, making a throat-slitting motion with his finger.

On June 30, Donahue, who had no prior record, pled guilty to creating a public disturbance. Judge Denis Lordon fined him $500 and he will now have a criminal record.

McEvoy, 20, who recently learned he had been accepted into the correctional officer program at the New Brunswick Community College, provided he had no criminal conviction on his record, pled guilty last week to two charges: one of causing a disturbance and one of obstructing a police officer, but duty counsel Melanie MacAuley asked provincial court Lordon to consider a conditional discharge, which would have the effect of keeping his record clean.

She asked the court to view McEvoy's youthful discretion with an eye to the fact that his future career depended on the outcome. MacAuley said McEvoy wants to follow in the footsteps of two of his sisters and an uncle who are corrections officers.

Crown prosecutor Bannon Morrissey asked for the standard conviction and fine of $500.

Lordon, who recently said he intended to come down hard on people who fight outside Miramichi bars, decided to take a week to consider his decision.

"There is a horrible problem with these shenanigans downtown," he said in announcing the delay. "That's all it takes to incite a crowd on Saturday night. It dissipated somewhat because we started putting everyone in jail. Now we are trying hefty fines, even for first-time offenders who want to be correctional officers.

"General deterrence is significant here. All the lawyers will say, ‘He's weakening here.' These are mostly university students down here, all good kids with good families," he said of those convicted of brawls outside bars. "They all come in here with a stack of [character reference] letters."

When asked if he had anything to say, McEvoy stood up.

"I realize [the police officer's] job is hard enough without me roaring at the window," said McEvoy.

Responded Lordon, "You live in this community. You know what goes on better than I do ... If you're at the Opera House you know what will happen."

Lordon continued, "I have all kinds of children and they make stupid mistakes that affect the rest of their lives. This could spoil your career, but I have a hard time even listening to Ms. MacAuley. I know the moment I do this there will be 10 lawyers lined up in the next month saying, ‘Look you did it for him.'"

On July 19, McEvoy learned Lordon had decided to grant the conditional discharge and he had avoided a criminal record.

However, Lordon did add specific restrictions to his sentence, placing McEvoy on three months' probation, during which he is not to be at the Opera House and must abstain from alcohol.

"The other man involved had to bear a financial burden. In fairness, you will bear some financial burden."

Lordon order McEvoy to donate $500 to the Miramichi Youth Home and to pay a $50 victim surcharge for each offense.

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If this story is accurate, it hardly seems fair to Donahue - he wasn't the aggressor in the fight (after the police arrived), he accepted his responsibility, admitted his error and paid his fine, yet he is the one who ends up with the record.
I'd like to hear how Judge Lordon reconciled this in his own mind - is McEvoy somehow more deserving of the court's leniency because he is a hockey player? Is it because McEvoy had a better lawyer? Will he (Lordon) now grant the same conditional discharge to Donahue?
Justice hardly seems blind in this case.
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phil b., ottawa on 29/07/08 01:13:47 PM ADT
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