An Abbotsford man will serve another three weeks in prison after being sentenced on Monday for the April 2014 courtroom assault of a deputy sheriff.
Landy Falk, 28, was sentenced to two months for breaching his probation by breaking a no-contact order and 10 months for the assault, but was given credit of 11 months and one week for time already served.
His jail term will be followed by two years of probation.
Falk previously pleaded guilty to the two offences, while a charge of taking or attempting to take a weapon from a peace officer was stayed.
The incident took place last April 3, when Falk was appearing in Abbotsford provincial court for a sentencing hearing after pleading guilty to the June 2013 assault of a bus driver, an assault of his former girlfriend and uttering threats.
During the hearing, Falk was sitting in the prisoner’s dock while the Crown lawyer was making his submissions.
A few minutes into the proceedings, Falk became agitated and began swearing under his breath and clenching his fists.
The sheriff sitting beside the dock stood up and told the judge that Falk had muttered something at him. The judge agreed to adjourn the case for a few minutes and, after she left the courtroom, the sheriff moved into the prisoner’s dock to take Falk back to a holding cell.
Falk then punched the sheriff, hitting the left side of his face, knocking off his glasses.
The sheriff was able to pin Falk down, and he felt Falk tugging on his belt in the area where his baton and pepper spray were located.
Falk then punched the sheriff several times in the back of the head.
Several other deputy sheriffs who had burst into the courtroom were able to halt the attack.
The sheriff involved in the assault was taken to hospital, where he was diagnosed with a concussion and a broken bone in his right elbow. He had to wear a sling for several weeks and also suffered emotional stress from the incident, the court was told.
Defence lawyer Rob Dhanu said Falk’s actions can be attributed to his having bipolar disorder and not taking his medication at the time.
“Mr. Falk has expressed his remorse,” Dhanu said.
He said Falk is now taking his medication and plans to continue to do so.
Judge William MacDonald said he was concerned about Falk’s record of “assault and violence” and issued strict conditions for his probation.
These include that Falk keep his medical appointments and take the medication prescribed to him or report to his probation officer daily if he opts out of treatment.
He must also abide by a curfew of 10 p.m. to 6 a.m., except in a medical emergency or with prior permission from his probation officer.
One month after the assault of the sheriff, Falk was sentenced to eight months in prison and two years’ probation for the assault in which he punched a bus driver repeatedly in the face, leaving him with permanent hearing loss in his right ear.
Falk was given six months’ credit for the time he had already served, and he was released from prison on June 26, 2014.
Just two days later, he breached his probation by contacting his ex-girlfriend’s mother, despite an order to not contact her or her family.
He has been in custody ever since, with the charges for the sheriff assault laid in July.