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Court dismisses assault appeal in 2009 Sooke beating

Oct 12 2012

A construction foreman convicted of aggravated assault after a 2009 beating that landed another man in hospital for nine days has had his appeal dismissed by the B.C. Court of Appeal.

David Ian Grassick, 48, was in charge of a house construction project in Sooke. The homeowner next door had some issues with the construction activity and there had been ongoing disagreements.

Grassick was leaving the site as the neighbour arrived home on Dec. 1, 2009. The vehicles' mirrors clipped each other.

A fight ensued, with each man blaming the other in court for starting it.

Grassick said he kicked the door of the neighbour's vehicle and the man got out and started punching him in the face. Grassick suggested the neighbour was drunk, but the police found no evidence of impairment.

The neighbour told police he was hauled out of his vehicle by Grassick and kicked and punched until he was unconscious.

Grassick went to a nearby convenience store and called police, saying he was the victim of an assault.

A police officer found Grassick had a small drop of blood on his cheek and blood on his knuckles.

The neighbour was seriously hurt. He had facial abrasions, four broken ribs, a partially collapsed lung and other injuries.

A doctor testified that the neighbour's injuries were consistent with pointed blunt force trauma and may have been caused by Gras-sick's steel-toed boots.

The provincial court judge found the neighbour to be a credible witness, and said he did not believe Gras-sick's version of events.

Grassick appealed on the basis that the judge didn't consider the testimony of a witness who said he knew Grassick as an honest man of good character. But further questioning revealed the man described himself as an acquaintance, rather than a friend.

Grassick also argued that medical evidence pointed to the neighbour falling rather than being kicked.

Justices Edward Chias-son, P.D. Lowry and Nicole Garson agreed that the provincial court did not err in convicting Grassick. smcculloch@timescolonist.com

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