One brother gets jail in McCaroll's Lake assault, released pending appeal

Jordan Rocchetta must do time behind bars for a "serious assault" that left another man with a "life-altering" eye injury, a judge ruled Friday.

Superior Court Justice Edward Gareau sentenced the 26-year-old man to 21 months in a provincial institution for the aggravated assault that occurred three years ago at a stag and doe east of Sault Ste. Marie.

Rocchetta's older brother Ryan, 29, who was convicted of simple assault for punching and kicking Jake Doan after he fell to ground from Jordan's blow, received a suspended sentence and was placed on probation for three years.

Many of the two dozen family members, friends and supporters of the two Echo Bay men in the courtroom wept or fought back tears when Gareau imposed the jail term.

Immediatey after the judge completed his reasons for sentence, Jordan's lawyer Bruce Willson said an appeal had been filed at the Ontario Court of Appeal and bail was being requested pending the appeal.

A bail hearing was held Friday afternoon in Toronto and Jordan was granted bail.

"He just got bail and should be released this afternoon," Willson said at about 1:45 p.m.

Jordan Rocchetta struck Doan in the face, a single blow that damaged the man's right eye at the July 24, 2011 party at McCarroll 's Lake, Gareau ruled.

Assistant Crown attorney Dana Peterson had urged the judge to impose a sentence of between two years less a day to 30 months for the attack.

Willson had proposed a suspended sentence, followed by three years probation, the maximum under the Criminal Code of  Canada, or if jail was required a short, sharp sentence of no more than 90 days to be served on weekends.

Gareau said the defence's suggested sentences wouldn't adequately address the principals of denunciation and deterrence and the seriousness of the assault that resulted in a permanent and life-altering injury to Doan.

A suspended sentence or short period of incarceration would not "reflect the community's outrage" for Jordan's violent actions and Doan's resulting injury, he said.

Gareau cited a number of mitigating factors, including Jordan's remorse, positive pre-sentence report, and lack of a criminal record.

The act wasn't premeditated or planned, "but rather a spontaneous, spur of the moment action in what the court found as a highly charged atmosphere" that took place in a very short period of time,  he said.

"It was also an action fuelled by alcohol."

The nature of the assault and Doan's eye injury were aggravating factors, he said.

Jordan had indicated that he had swung as hard as he could when he struck Doan, with such force that he injured his hand and thought it was broken, Gareau said. 

Doan went from having unimpaired vision in his right eye "to being legally blind in that eye."

After he completes his sentence, Jordan will be on probation for three years.

When he sentenced Ryan, Gareau listed similar mitigating factors, such as the man's genuine and strong remorse, his age and lack of a criminal record. 

The primary aggravating factor was "the very nature of the act he committed."

Ryan punched and kicked Doan when he was on the ground in an unconscious or semi-conscious state, "vulnerable and defenceless," Gareau said. 

He characterized Ryan's  actions as "gratuitous violence" that could also be described as an act of cowardice since  Doan couldn't defend himself.

This attack occurred when a group of six or seven people were also assaulting Doan as he lay on the ground.

Gareau noted one witness had described the scene "like wild dogs fighting over a piece of meat."

The Crown was seeking 18 months incarceration for Ryan, while defence counsel  Don Orazietti  wanted his client to be granted an absolute discharge.

Gareau called both positions unrealistic.

He opted to suspend sentence and placed Ryan on the lengthy probation with conditions that include performing 240 hours of community service.