By JACK WILSON
Red Deer Advocate
A Tees-area farmer didn’t intend to shoot a fleeing thief who had just stolen an ATV from his property, Red Deer court heard on Friday.
Brian Russell Knight, 39, pleaded guilty in Red Deer Court of Queen’s Bench to criminal negligence causing bodily harm for shooting Harold Groening, who stole the ATV on March 26, 2009.
Crown prosecutor Jason Snider withdrew several firearms-related charges.
Knight will be sentenced on May 26 following a pre-sentence report.
According to agreed facts, worked out by Snider and defence lawyer Balfour Der of Calgary, Knight shot Groening early in the morning as Groening was attempting to flee through a field after abandoning the attempted theft.
Justice Monica Bast heard that Groening and two other men scouted out the ATV earlier in the day and returned early in the morning after drinking and consuming drugs.
They attempted to load the ATV into a pickup but were too noisy and woke up Knight.
Groening’s accomplices fled in the truck, leaving Groening to drive the ATV down the road with Knight in pursuit in a vehicle.
Knight bumped into Groening, sending the thief flying into the ditch, where the ATV ended up.
Knight then grabbed a 12-gauge shotgun from his vehicle and fired high over the fleeing Groening with light birdshot, Snider said.
However, several pellets hit Groening, who fell but got up again, running through a field when Knight fired again, hitting Groening in the back and backside.
Knight summoned a nearby relative and other neighbours, who took up the chase.
A farmer caught Groening and he was held until RCMP arrived.
Groening was briefly hospitalized and treated for numerous wounds.
Groening 31, formerly of Mirror and now living in B.C., was sentenced to 30 days in jail for theft under $5,000 earlier this year in Stettler provincial court.
Kyle Rosenthal, 25, formerly of Alix, pleaded to theft under $5,000 in the incident and was jailed for 15 days.
Nick Dewald, 23, of Alix, received a $400 fine for the same charge.
The incident drew major attention from all over North America and prompted scores of people to send money to Knight to help in his defence.
The maximum sentence Knight faces is 10 years in jail.
Der said outside court the guilty plea was “the lesser of two evils.” He said Knight had a number of considerations to ponder with respect to potential penalties if the case had gone to trial and he was convicted.
Der said Knight made the final decision to plead guilty.
Der said he will ask for a noncustodial sentence.
“He has no record and there were special circumstances,” Der said.
About 20 family and supporters of Knight attended court.
Knight was to have a two-week trial in May before the plea change.