Man gets conditional sentence for alleged racist attack on neighbour

Reservist gets conditional sentence for attack on neighbour

A Canadian Forces reservist has been given a six-month conditional sentence for a race-based attack against his elderly neighbours.

Joseph Zielinski, 49, had been seeking a discharge which would have spared him a criminal record. But provincial court Judge Michel Chartier said Wednesday the disturbing 2007 incident called out for stiffer sanctions. He said Zielinski can remain in the community under certain conditions, including a curfew..

"The consequences of (Zielinski's) actions are clear. He has caused both physical and emotional distress to the victim," Chartier said in handing down his decision.

Zielinski had claimed at trial he was the victim of bogus allegations, but Chartier found his version of events "was void of reason or sense" in convicting him of last month of assault causing bodily harm.

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. Several other area residents have reported similar attacks from Zielinski, who moved into the neighbourhood nine years ago with his wife and son.

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 Dominiques said Zielinski ignored their demands to stop and threatened them instead, hurling several racial slurs in the process.

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. 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.

Francis Dominique gave a victim impact statement to the court Wednesday, saying he continues to suffer physical and emotional injuries from the attack. Zielinski is employed with Canadian Forces 17 Wing but has apparently been on leave, court heard.

6 months house arrest for neighbour attack
A Winnipeg man has been sentenced to six months house arrest following a racially charged assault against his neighbour.
Joseph Zielinski, 49, was convicted of one count of assault causing bodily harm following a trial earlier this year.
The Tuxedo resident was found guilty of attacking his then 73-year-old neighbour, neurologist Dr. Francis Dominique, following an argument in their adjoining backyards.
Court heard Zielinski jumped over a fence separating the yards and attacked Dominique from behind, knocking him to the ground. Zielinski grabbed Dominique by the groin, punched him several times in the chest, and called him "sand n....." The attack only ended when Dominique's wife Veyda ran to the house to call police.
Judge Michel Chartier rejected a defence recommendation Zielinski receive a conditional discharge. Chartier said the attack against a much younger, vulnerable victim demanded a custodial sentence, but agreed Zielinski could serve it in the community.
Dominique told court he continues to suffer back pain and difficulty with his leg following the attack. He said his wife now fears going into their backyard or being alone in their house.
"The consequences of (Zielinski's) actions are clear," Chartier said. "He has caused both physical and emotional distress to the victim."
At trial, Zielinski claimed Dominique fabricated the assault allegations because he didn't like him as a neighbour.
Zielinski offered no words of apology in court Wednesday.
Zielinski and Dominique remain neighbours.

Race-based attack on neighbour results in conditional sentence
A Winnipeg man convicted of a race-based attack on his elderly neighbours will be confined to his house for the next six months.
Joseph Zielinski, 49, was given a conditional sentence Wednesday, which includes a 24-hour curfew. There are a few exceptions, including being allowed to leave to perform 150 hours of court-ordered community service.
Zielinski had been seeking a discharge which would have spared him a criminal record. But provincial court Judge Michel Chartier said the disturbing 2007 crime called out for stiffer sanctions.
"The consequences of (Zielinski's) actions are clear. He has caused both physical and emotional distress to the victim," Chartier said.
Zielinski had fought the case at trial, claiming he was the victim of bogus allegations. But Chartier found his version of events "was void of reason or sense" in convicting him of last month of assault causing bodily harm.
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.
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 Dominique's said Zielinski ignored their demands to stop and threatened them instead, hurling several racial slurs in the process.
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. She went back towards the house and called for help. Zielinski eventually got off her husband and returned to his yard.

Ideally, I feel that this man should have received a conditional discharge, where he would still be subject to conditions, but would not have a criminal record. But a conditional sentence is the next best option. He claimed that the couple was also racist towards him and had similar allegations against them, as they did for him. I am definitely glad that he was not sentenced to prison though! That is a positive! Prison would serve no purpose for this man because he is not dangerous and is not a risk to public safety. Therefore, he does need to be incapacitated. Prison is a negative environment with negative influences and underfunded programs. Prisons are the schools of crime and turn non violent offenders into more hardened criminals.This man should seek counselling or an anger management program. 

Man found guilty in race-based attack against neighbour (Blog Post)

Was this an assault.. He should be acquitted (Blog Post)

Man found guilty of assault in a race-based attack on neighbour

Neighbours applaud conviction in race-based attack

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.

Man found guilty of assaulting elderly neighbour

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.    

Was this an assault? Don't think so. He should be acquitted.

Was it a dust-up or an assault? Judge to rule on neighbours' dispute

It began with routine landscaping in the backyard of a Tuxedo home. It ended with allegations of racism and assault between a Winnipeg doctor and a Canadian Forces reservist.

A Manitoba judge will decide whether an ugly dispute between neighbours is a criminal act.

Joseph Zielinski, 49, has pleaded not guilty to assault causing bodily harm and will learn his fate on Friday. A provincial court trial ended last week with Zielinski testifying in his own defence. He said he is a victim of bogus allegations.

Neurologist Dr. Francis Dominique, 73, and his 76-year-old wife, Vydha, told a much different story. They say 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.

"We both told him to stop it but he continued," Vydha Dominique testified. She claimed Zielinski ignored their demands and threatened them instead. "He told us to go back where we came from. He said he would come over and beat our old asses," she said.

The couple threatened to get the police involved, which prompted Zielinski to become even more enraged.

"He called us a (racial slur). He repeated that several times. Obscenities were used as well..." said Vydha Dominique.

As she walked to her home to call 911, she turned back and saw Zielinski on top of her husband.

"Mr. Zielinski was kneeing on his thighs, pounding on his chest," she said. The woman said she 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."

Dominique 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 agreed he was cleaning his yard but told court it was the doctor who went on a verbal tirade. "He started yelling at me. I told him to go back into his home. He then picked up a branch or a stick and jabbed it at me through the fence," Zielinski testified.

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 last week.

"There is obviously some bad blood here. It's sufficient enough to make a false allegation," Murphy told court. Dominique told the Free Press in a previous interview he regrets his reaction to the incident. 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 were 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.

This was a well written article which stated all the facts about allegations against each of the parties, making it easier for me to make an informed opinion. 

This case is basically "he said, she said." The couples' words against the accused's words. I am definitely not convinced beyond a reasonable doubt that this man assaulted the couple as the couple also has allegations against them! If I were the Judge, I would acquit this man, becuase in my eyes, their is simply not enough evidence against him.