Court: Trevor Middleton sentencing scheduled for Feb. 12th

Source: YorkRegion.com

ONTARIO - The driver of a car repeatedly rammed by a Georgina man before it slammed into a tree said he still experiences nightmares about the incident.

Crown prosecutor Amit Ghosh asked Justice Alfred Stong, at a sentencing hearing earlier today, to sentence Trevor Middleton, 23, to between eight and 10 years in prison. Mr. Ghosh also asked that Mr. Middleton be banned from driving for 10 years and that he provide a DNA sample.

Mr. Middleton's lawyer Gerald Logan asked that his client be sentenced to between 18 months and 3-1/2 years and a five-year driving ban.

Justice Stong scheduled sentencing for Friday Feb. 12.

Mr. Middleton, a professional motorcycle racer, was convicted in December of two counts of criminal negligence causing bodily harm and four counts of aggravated assault for an attack with a Ford F-150 truck on Sept. 16, 2007 in Georgina that resulted in a serious collision.

Several Asian-Canadian anglers and their friends, travelling in a Honda Civic, were seriously injured.

In a victim impact statement, prepared by Toronto resident Ruohang Liu and read by Mr. Ghosh, Mr. Liu said he cannot leave his home at night unless he is accompanied by friends.

"I can only sleep for four hours max before I wake up to a nightmare," Mr. Liu wrote.

Mr. Liu wrote that every time he closes his eyes, he sees the disfigured face of Shayne Berwick, who suffered life-altering injuries in the crash after he was ejected and struck a tree.

Mr. Ghosh argued that Mr. Middleton's driving behaviour was in part fuelled by bias, prejudice or hatred based on race.

Before the crash, Mr. Liu, was pushed into Lake Simcoe at Mossington Park while he was fishing. A second angler, Charles Hogan, was also pushed into the water.

Mr. Middleton and a group of others were at the docks when the pushing took place. Mr. Middleton was not charged in connection with the pushing.

The court has heard that after the pushing, the group left the docks but one man remained behind and a confrontation erupted. Mr. Middleton later returned to the area to find the man injured.

The Crown acknowledged that Mr. Middleton's belief that the men inside the Civic were responsible for his friend's injuries and that may have also played a role in why he drove after the car.

Mr. Hogan suffered whiplash and hypothermia, along with neck, spine and head injuries.

Mr. Berwick suffered a fractured skull that caused him to lapse into a coma for three months, along with several other injuries.

In an emotional victim impact statement made from the witness box, Colin Berwick, Shayne's father, said the time since the incident has been "the toughest and the most grueling" in his life.

"My daily routines are now all about caring for my son Shayne since he doesn't have the ability to do so for himself," he said. "I never thought I would be providing care for my son that I've already had a hand in rising up to be an independent young man."

Mr. Berwick's stepmother Terry Berwick said she has had to resign from her job in order to provide care for him and that the family had to sell their home and buy a wheelchair accessible house.

"At times the whole ordeal puts a lot of stress on me and I'll get angered," she said. "It also puts enormous strain on our marriage."

Justice Stong ruled that community impact statements, indicating how the incident has affected the Asian-Canadian community, were admissible.

In a statement read on behalf of several Asian-Canadian groups Avvy Go, the director of an Asian-Canadian legal clinic, said the incident has made the community feel that they are unwanted in Canada.

"We fear that because of the way we look, we may become the target of a hate-motivated attack in the areas where this crime occurred and in other areas of Ontario where similar assaults have been reported," she said.

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Source: YorkRegion.com

Crown seeks 8 to 10 years sentence for Trevor Middleton

ONTARIO - The tears flowed unashamedly from a father and son's faces as they sat side-by-side in a Newmarket court today.

Shayne Berwick and his father Colin wept as stepmother Terry delivered an emotionally-charged victim-impact statement.

"This incident has completely changed my life forever," Ms Berwick told the court.

Trevor Middleton, a 23-year-old Georgina man, was convicted in December on all six charges of criminal negligence causing bodily harm and aggravated assault, following a three-week trial.

Crown prosecutor Amit Ghosh is calling for an eight to 10-year sentence for Mr. Middleton.

Mr. Middleton's lawyer, Gerald Logan hasn't had the opportunity to present his sentencing submission in a hearing that began this morning.

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The court also heard from 24 year old Toronto resident Ruohang Liu. He was pushed into the water while fishing from a dock and was later injured in a collision.

"I no longer feel safe in public," Mr. Liu said.

"I have nightmares no one could possibly understand."

Mr. Middleton and a group of his friends, riding in several pickup trucks, drove to a known fishing hole near the blue bridge at Mossington Park in Georgina on Sept. 16, 2007 at about 2 a.m.

When the group was at the docks, Mr. Liu and his friend Charles Hogan were pushed into the water.

A confrontation followed and Mr. Middleton then chased after a Honda Civic, the trial heard.

Mr. Middleton repeatedly rammed the Civic until its driver lost control and slammed into a tree, ejecting Mr. Hogan and Mr. Berwick from the back seats.

Mr. Hogan suffered whiplash and hypothermia, along with neck, spine and head injuries.

Mr. Berwick crashed into a tree, suffered a fractured skull that caused him to lapse into a coma for three months, along with several other injuries.

The sentencing hearing continues.