This story has been updated
GRAND BANK, NL – Anthony Michael Hoskins, 20, of Fortune has been sentenced to just under four years in jail on charges of aggravated assault at a Halloween party in Fortune last year.
The sentence was handed down in provincial court in Grand Bank on Feb. 27 by Judge Harold Porter.
According to evidence presented to the court and summarized by Judge Porter, a number of young people were at a party at a local residence on the evening of Oct. 28 and into the early morning of Oct. 29, 2017.
Kyle Patten, a first-year university student at Memorial University, was home for the weekend and attending the party.
He was speaking to Emily Moulton at the party when he was pushed from behind by Moulton’s ex-boyfriend, Dustin Brady.
Patten confronted Brady about the push, but they were separated by a third party.
Patten went outside the house to speak with the ex-boyfriend and was confronted by two other men, who challenged him to a fight.
In the altercation that followed, Patten struck one of the men, knocking him out.
“At this point … Patten walked away from the situation,” Judge Porter noted in his summation.
However, while Patten was standing by the side of the road waiting for a ride home with two friends, he was confronted by Anthony Hoskins and three other men.
According to witness statements, the four men attacked Patten, punching him until he fell down and continuing to punch and kick him while on the ground.
Patten got up after that attack with a bleeding cut on his lip and some scratches, but otherwise he appeared unharmed.
While he waited for his ride in the dirt parking lot across from the Fortune Legion in Fortune, Hoskins approached him again.
Another person at the scene tried to hold Hoskins back but he got away and hit Patten in the face with a partially full, 40-ounce glass bottle of Smirnoff Vodka.
In his statement to police, presented as evidence in court, Patten said he heard Hoskins shouting for him and when he turned, Hoskins was holding the bottle up over his head on the right side. The bottle shattered on impact with the left side of Patten’s face and he dropped to the ground, unconscious and bleeding from around his eye and mouth.
As he was regaining consciousness, a friend arrived by car to pick him up.
At this time, Patten was on the ground, moaning and grabbing his face.
His face was described as bloody and disfigured. His friend took him to the Grand Bank Health Care Centre and he was later transported to the Burin Peninsula Health Care Centre.
According to court documents, Patten’s injuries included two contusions to his forehead, swollen and bruised left eye, two lacerations to the left side of his face, swelling in both ears, two cracked front teeth, cut and swollen lips, bilateral knee and elbow abrasions, and bleeding from his nose.
Patten was transferred to the Health Science Centre in St. John’s where, on Oct. 30, a plastic surgeon determined he would require reconstructive surgery on his face.
On Nov.1, 2017, Patten underwent seven hours of surgery to repair the broken bones in the left side of his face, requiring five plates and 17 screws to rebuild the left face cheek, sinuses and left orbital bones.
Patten also required dental procedures to repair his teeth at a cost of $8,600 to $10,000.
Judge Porter, in his written decision, said … “It is clear that he (Patten) will never be the same again as he was prior to the events of Oct. 29, 2017,” citing the emotional impact as well as the physical injuries.
Porter noted Patten, who was a member of the provincial Canada Games soccer team before the events of Oct. 29, cannot play soccer.
Physically, Patten has trouble breathing. Work is still ongoing to repair his teeth, and he had blurred vision for a month after the assault. He has lost the feeling on the left side of his face and cannot lie down on his left side.
“The aggravated assault has cost, and will continue to cost, the victim financially,” the judge said.
Hoskins was arrested by police at his home in Fortune on Oct. 29, 2017.
He pleaded guilty in court to aggravated assault.
In determining his sentence, Judge Porter noted Hoskins was not a first-time offender. He was convicted in 2016 for car theft in Alberta and placed on probation for that offence. He broke those probation orders and there were warrants for his arrest outstanding in Alberta.
The judge also noted Hoskins has been assessed as being a high risk to re-offend.
Hoskins has been in police custody since Oct. 29, 2017.
In his decision, Judge Porter sentenced Hoskins to four years minus enhanced credit of 1.5 days for each day in custody. This means his 122 days already in custody translates to 183 days of time served.
Hoskins will spend another 1,277 days in jail.
A DNA order has been made and Hoskins is prohibited from possessing any weapon for 10 years following his release.
He is also prohibited from communicating directly or indirectly with Patten or his immediate family members during the custodial period of the sentence. He must also pay victim restitution of $8,829.15. The mandatory victim surcharge of $200 must be paid within 30 days.
Hoskins is at the West Coast Correctional Centre in Stephenville. However, it is not known if that is where he will serve out the remainder of his sentence.