RESIDENTS of a Winnipeg neighbourhood are declaring victory against hate after a Canadian Forces reservist was convicted of a racial attack against an elderly couple.
Joseph Zielinski, 49, had pleaded not guilty to assault causing bodily harm, claiming he was the victim of bogus allegations. But provincial court Judge Michel Chartier disagreed Tuesday, saying the accused's version of events "was void of reason or sense."
Neurologist Dr. Francis Dominique, 73, and his wife, Vydha, 76, told court how Zielinski leaped over the fence separating their Tuxedo homes and launched into a violent rage in May 2007. Several other area residents have reported similar attacks from Zielinski, who moved into the neighbourhood nine years ago with his wife and son.
"We're taking our streets back, one day at a time. There's no place for this," said Richard Swyston, who was in court Tuesday to show support for his neighbours. He said the area is filled with people of all ethnic backgrounds who have grown tired of being tormented. He applauded the justice system for helping them take a stand.
"The message is you can't do this. We're going to stand up, to not let this happen to us anymore," said Swyston, who claims Zielinski has repeatedly called him an "(expletive) Jew."
The dispute that landed in court began when the Dominiques had large trees removed and branches and needles fell into Zielinski's yard. The couple -- who are originally from Trinidad -- say Zielinski grabbed a leaf blower and shot the debris back towards them. They say he pulled a similar stunt the previous winter by spraying snow into their yard.
The couple says he ignored their demands to stop and threatened them instead, hurling several racial slurs in the process.
"He told us to go back where we came from. He said he would come over and beat our old asses," Vydha Dominique testified.
Zielinski then entered their yard and jumped on Francis Dominique -- kneeing and punching him, court was told. His wife picked up a small stick and hit Zielinski but because of her limited mobility, which includes walking with a cane, she was unsuccessful in driving him off.
"I was scared he was damaging my husband. He could have died, anything could have happened. I was scared," she testified. The woman said she went back towards the house and called for help. Zielinski eventually got off her husband and returned to his yard. She said her husband was bleeding from the nose and had an injury to his groin.
Zielinski told a much different story. He claims it was the doctor who went on a verbal tirade, then grabbed a large stick and began poking him through the fence. Defence lawyer Ed Murphy produced several photographs in court that show scratches on Zielinski's neck and chest.
"He started to taunt me, motioning for me to do something about it. At one point, he picked up a log and threw it towards me, but I think it hit the top of his fence and fell back into his yard," said Zielinski. He said he never taunted the couple with racist terms, never left his yard and never laid a hand on the doctor.
"His evidence... has no air of reality. He comes across as flippant and unreasonable," Chartier said Tuesday in reading his verdict.
Zielinski is employed with Canadian Forces 17 Wing but has apparently been on leave, court heard. He will be sentenced June 2 and is free on bail.
WINNIPEG--A Canadian Forces reservist has been found guilty of a violent attack against his elderly Winnipeg neighbour.
Joseph Zielinski, 49, had pleaded not guilty to assault causing bodily harm, claiming he was the victim of bogus allegations. But provincial court Judge Michel Chartier disagreed Tuesday, saying the accused’s version of events "was void of reason or sense."
Zielinski will be sentenced June 2. He remains free on bail.
Neurologist Dr. Francis Dominique, 73, and his 76-year-old wife, Vydha, told court earlier this year how Zielinski leaped over the fence separating their homes and launched into a violent rage in May 2007.
The dispute began when the Dominiques had some large trees removed and branches and needles fell into Zielinski's yard. The couple -- who are originally from Trinidad -- say Zielinski grabbed a leaf blower and shot the debris back toward them. They say he pulled a similar stunt the previous winter by spraying snow into their yard.
The couple say he ignored their demands to stop and threatened them instead, hurling several racial slurs and threatening to beat them.
Zielinski then entered their yard and jumped on Francis Dominique – kneeling on his thighs and punching his chest, court was told. His wife picked up a small stick and hit Zielinski but because of her limited mobility, which includes walking with a cane, she was unsuccessful.
"I was trying to hit him on the back, to get him away from him," she said. "I was scared he was damaging my husband. He could have died, anything could have happened. I was scared."
The woman said she went back towards the house and called for help. Zielinski eventually got off her husband and returned to his yard. She said her husband was bleeding from the nose and had an injury to his groin.
Zielinski told a much different story. He claims it was the doctor who went on a verbal tirade, then grabbed a large stick and began poking him through the fence. Defence lawyer Ed Murphy produced several photographs in court that show scratches on Zielinski's neck and chest.
"He started to taunt me, motioning for me to do something about it. At one point, he picked up a log and threw it towards me, but I think it hit the top of his fence and fell back into his yard," said Zielinski. He said the doctor threw leaves and small sticks at him. Zielinski said he never taunted the couple with racist terms, never left his yard and never laid a hand on the doctor. He videotaped a subsequent incident that captured the doctor yelling racial epithets. The footage was shown in court.
Dominique said he regrets his reaction to the incident, which was based on his frustration with the ongoing taunting. A handful of neighbours reported having verbal disputes with Zielinski, who moved into the neighbourhood nine years ago with his wife and son. None of the neighbours was called to testify.
The Dominiques say they have built a higher fence, installed a security camera and purchased a dog because they fear for their safety
Zielinski is employed with Canadian Forces 17 Wing.Was this an assault? Dont think so
This case was basically "he said, they said." The couple's words against the accused's words. I was not convinced beyond a reasonable doubt that the couple was assaulted and I believe the accused should have been acquitted. But since he was found guilty by the judge, I DO NOT believe he should be sentenced to prison.
How will prison help this man become a better person? What purpose will sending him to prison serve? Prison is a negative environment which does not encourage or facilitate reform or rehabilitation. There would be no purpose in sending this man to prison, as I believe this was an isolated incident (as it appears he has no prior record) and he is therefore, not a danger or threat to society. If this man has been successful on bail, I dont believe prison is necessary. He does not need to be incapacitated in prison. Besides, prison for relatively non violent offenders can be damaging and are often known as the schools of crime.
I believe that a more appropriate sanction would be either a conditional sentence or probation in the community. He could be ordered to stay away from his neighbours, participate in counselling or a program aimed at the impact of crime on victims. He could also be ordered to have a curfew and to be employed to provide for his family and possibly perform volunteer work for his neighbours. I think this would be more appropriate than prison, as prison increases recidivism and does not rehabilitate or reform individuals at all.
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