Watch above: A Saskatoon man has pleaded guilty to an aggravated assault that contributed to the death of Myles MacIntosh.
SASKATOON – Three days were set aside for Scott Russel Denny’s aggravated assault trial in Saskatoon provincial court.
The nightclub bouncer said his actions were excessive when he got into an altercation with Myles MacIntosh on a pub crawl bus, actions that would set into motion a tragic string of events leading to MacIntosh’s death on Feb. 2, the eve of his bachelor party.
MacIntosh, 28, left the scene of the alternation at the intersection of 8th Street and Lorne Avenue and an eye-witness later saw a man fall through the ice of the South Saskatchewan River.
The next day, Saskatoon police would locate MacIntosh’s blood on the ice during a search of the river’s edge.
Detailed accounts from family and friends of the victim were spared as Denny pleaded guilty to the charge Monday morning.
“We ask if justice has been served today, for us, Myles’ family and friends there is no justice and no good outcome if possible, nothing changes what we have lost or the life that Myles was robbed of,” said Lynn Kohle, the mother of Michelle Kohle who was set to marry MacIntosh.
“Our family will never be complete again. We not only lost our son but our future daughter in-law. Happiness seems a million miles away,” wrote mother Peggy MacIntosh.
“We hope Mr. Denny understands our regrets of his part in this situation along with our hope that the loss of our son can somehow be the motivation to turn his life around in a positive direction.”
Tried by judge alone, both the victim impact statement was received along with seven glowing reference letters on behalf of Denny.
“Scott is the kind of person that if you know him, you are lucky to have had him come into your life,” said one statement.
Taking a joint submission by counsel into consideration, the judge ruled that Denny, 34, be sentenced to two years behind bars and two years probation. Denny will serve 12 months after being given credit for time already served.
“We’re relieved to have resolved his matter today and Mr. Denny’s certainly happy to have put this behind him. We’re happy that the judge thought the proposed sentence was within the range and happy to be moving on with his life and Mr. Denny’s definitely happy for that,” said Brian Pfefferle, Denny’s defence lawyer.
According to Pfefferle, the plea had been in the works for months after it was disclosed that witnesses felt Denny overreacted in his response to self defense at the time of the altercation.
The Crown had planned to call 17 civilian witnesses in the case.
“Any claim for self defence was going to be really difficult in light of the evidence that was mounting against him so to speak with the various witnesses,” added Pfefferle.
Court heard both Denny and MacIntosh had been drinking at the time of the altercation.
MacIntosh’s body was discovered on May 17 by marine researchers near Wapiti Regional Park, located about 45 kilometres north of Melfort, Sask.
An autopsy was performed and drowning was ruled as the cause of death.
“The death in this particular case but certainly mention of acute alcohol consumption as a significant factor in death as well. I don’t think that there’s any suggestion that the blunt force trauma to the head that the decease suffered caused his death although it certainly lent some context to the ultimate situation.”
When asked if he wanted to address the court, Denny did.
“I had an obligation to keep everybody safe – the fact I failed to do so has been almost too much to bear for me,” said Denny.
“Any parent who sees their kids going out to bars needs to be concerned that if you end up consuming way too much alcohol, you can’t control your responses, you can’t control your actions and it’s another sad example of young people meeting their demise of recreational alcohol consumption,” said Pfefferle.
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