It was a case of the Good Samaritan gone wrong.
In the wee hours of a February, 2000, morning, a sport utility vehicle clipped the shoulder of Aaron Willinsky, who was hailing a cab outside a restaurant on Queen Street. When the driver, Kurt Schuller, backed up to the snow bank where he had fallen, Mr. Willinsky thought he would receive help. But instead Mr. Schuller berated him for breaking his side-view mirror, then beat him unconscious with a metal rod.
Yesterday, Mr. Schuller, 26, was sentenced to 15 months of house arrest for aggravated assault and possession of a dangerous weapon. He was given a suspended sentence for leaving the scene of an accident.
Crown attorney Darren Hogan called the attack "an offence of stark horror," and sought a term of at least two years in prison, but Mr. Justice Harvey Spiegel said Mr. Schuller had no earlier history of violence and deserved a more lenient sentence.
Mr. Schuller's driver's licence is suspended for the term of his sentence, but he will be allowed to leave his home to work and attend classes.
Judge Spiegel said he was moved by the testimony of Mr. Schuller's younger sister, Monique, who tearfully described him as a "passive, understanding and kind person" who had taken care of her since their mother died four years ago.
Mr. Schuller's lawyer suggested his client was "dealing with unresolved feelings" about his mother's death at the time of the assault, and has since sought grief counselling.
Describing Mr. Schuller as a "rather passive, quiet, withdrawn individual," Judge Spiegel said the violent assault was totally out of character.
"The judge was swayed by a few tears," Mr. Willinsky's father, Michael, said afterward. "This sentence sends a message that it's acceptable to beat someone and leave them for dead."
Prosecutor Darren Hogan said Aaron, now 29, has suffered headaches, anxiety, and loss of memory since the assault. He spent a week in bed as he recovered from his injuries and has struggled professionally since the incident, losing a job as master carpenter on a film set.
"It was like a rape," his father said. "He was an innocent victim who was completely taken by surprise."
The sentence marked the end of a criminal trial that began nearly three years ago. Mr. Schuller prolonged the case by firing two of his lawyers and reversing a guilty plea.
Mr. Willinsky has also filed a civil suit against Mr. Schuller for personal injuries and loss of income, which he is still pursuing.