SASKATOON – Huskie football player Cauy Clark pleaded guilty Tuesday to assaulting a hockey player at a U of S year end awards banquet for varsity athletes last year.
Clark was charged with aggravated assault but defence counsel Mark Vanstone and Crown Prosecutor Lana Morelli entered a joint submission to the Saskatoon Provincial Court for an 18-month conditional sentence on the lesser charge of assault causing bodily harm.
Judge Bria Huculak said she was very disappointed that alcohol was allowed at the U of S event and said this type of environment leads to behaviour not typical of the conduct expected of a Huskie team member.
“This kind of conduct, to have an athletic event where alcohol runs rampant with limited control is not acceptable.”
Morelli told the court that a term of incarceration was appropriate but added that Clark hasn’t breached any conditions since he was released last year and has no criminal record. Judge Huculak pointed out that the only condition he had was not to contact the victim and said she was surprised a condition not to drink alcohol wasn’t imposed.
Court heard that the victim and two of his friends were at the event and one of them had “spilled a drink” on Clark. Later, when the athletes were outside, a verbal confrontation occurred and Clark pushed one guy over. Defending his friend, the victim tried punching Clark but Clark ended up punching him instead. He fell and hit his head on the sidewalk. He had a fractured skull, a brain bleed, and spent 11 days in hospital. He wasn’t able to play hockey the rest of the season for a high-level hockey team.
Vanstone told the court that the hockey player and his friends had come from Prince Albert for the awards banquet and weren’t U of S players. He said there was some indication they were looking for action, or trouble, that evening, and there was some degree of provocation. He said the drink was poured over Clark's head.
“I want the court to understand, as the victim put it, ‘this was a drunken event.’ It was a recognition event for varsity athletes for the U of S,” said Vanstone.
“When the victim confronted my client, my client threw a punch,” added Vanstone. “The punch my client threw was devastating and took him completely off his feet and he made contact with the ground.”
Vanstone said as a result of the charges, Clark had to leave the Huskie football team and wasn’t able to play in the playoff rounds. He also withdrew from his studies at the U of S due to the emotional stress that made it impossible for him to concentrate.
“His dream to play with the Huskies is on hold at this time,” said Vanstone, adding that the most important thing in Clark’s life at the time was to be on the Huskie football team.
Vanstone said Clark’s parents from Ituna were in the gallery and would support and assist him throughout his conditional sentence order.
“He comes from a very well thought of family.”
Judge Huculak ordered Clark to submit his DNA to the National DNA Data Bank. He was also prohibited from owning weapons for 10 years.
Clark will serve his conditional sentence in the community instead of in jail. For the first six months he was ordered not to consume any alcohol. He also has a curfew from 10 p.m. to 6 a.m.
“If you break any of the conditions you can end up serving the remainder in a facility and believe me you don’t want to be in there," said Judge Huculak.
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