IN THE PROVINCIAL COURT OF BRITISH COLUMBIA
ADAM DAVID HUBER, ROBERT WILLIAM ROY RODGERS and
DAVID SAMUEL WHITE
REASONS FOR JUDGMENT
HONOURABLE JUDGE DOHERTY
Counsel for the Crown: R. Richardson and M. Giri
Counsel for the Defendants: T. Marino for A. Huber; D.J. Marion for R. Rodgers;
E. Chesterley for D. White
Place of Hearing: Courtenay, B.C.
Date of Hearing: May 25, 26, 27 and June 28, 2010
Date of Judgment: July 29, 2010
Tuesday, August 25, 2015
Friday, July 20, 2012
Sunday, April 17, 2011
Friday, December 17, 2010
Confederate Flag: Association to American History or Active Support for Racism?
During the trial, all three were found guilty of assault. Crown prosecutor Robert Richardson was able to get section 718.2 of the criminal code applied to David White's sentencing. This would allow the court to consider racial prejudice or bias as an aggravation to the assault. Although, I might agree to label it a hate crime should be reserved for more heinous acts and displays of racism, White should receive a heavier sentence for his racist outburst towards a stranger on the street.
Judge delays sentencing on YouTube case
Dec 17th, 2010 - Comox Valley Echo
Dec 16th, 2010 - Comox Valley Record
Thursday, October 7, 2010
Tuesday, October 5, 2010
Looks like all three parties met for court today but was adjourned to a future date of October 7th where another date will be set.
Also, looks like a Presentence Report (PSR) will be presented Dec 17th, in court.
*UPDATE OCT 7TH, 2010*
It has now been reported that Adam David Huber was at an apartment party in Campbell River on September 17th. As we reported earlier, Huber was out on bail with conditions; some of which included not consuming alcohol or staying out past his curfew of 10pm.
Police arrived to the apartment to investigate a noise complaint. When they arrived and questioned Huber, he provided false information about his identity to 3 different officers which resulted in the 3/5 charges. The other two charges came from Huber breaking his bail conditions of consuming alcohol and staying out past his court order curfew.
This is the 3rd time Huber broke his bail conditions and last two arrests were just within months of being released. During this last bail hearing, Judge Peter Doherty warned Huber, "the first time that you look at a beer ... you're going to jeopardize your freedom. You're going to be back in jail. You know that."
I must stress again, hearing news of this really does pain me. I don't think incarceration will improve Adam's dependence on social drinking and partying. He needs to find the strength inside to challenge himself to stop drinking and partying. He needs to spend more quality time with family. He needs to stop the generational cycle of alcohol dependence. He needs to become that positive role model for his child.
I know his friends know about his situation, and they are just as guilty if they encourage or condone his behaviour.
Man in court
October 07, 2010 - Comox Valley Record
Adam Huber was in court Tuesday for five unrelated charges stemming from an incident in Campbell River last month.
According to Campbell River RCMP, the Comox Valley man was arrested in the area on Sept. 17 following noise complaints from an apartment party.
Friday, August 27, 2010
Wednesday, August 18, 2010
Man in high-profile assault back out on bail
Comox Valley Echo - August 17th, 2010Adam David Huber is back out on bail. The 25-year-old man, found guilty of assaulting black man Jay Philips in a three-on-one attack widely viewed on the video-sharing website YouTube, was released on Thursday.Read More:
Thursday, August 12, 2010
Trio sentencing delayed
Comox Valley Record - August 12, 2010
"The three men found guilty of assault for attacking Jay Phillips last year will have to wait until December to hear the repercussions of their actions.
Crown attorney Robert Richardson explained in court Thursday sentencing will take place in two parts for David Samuel White, 19, Robert William Rogers and Adam David Huber, both 25, who attacked Phillips last July."
Read more: http://www.bclocalnews.com/vancouver_island_north/comoxvalleyrecord/news/100588604.html
Wednesday, August 4, 2010
I was at that party. I think teenagers nowadays have a different opinion on crosses and what they mean. For a 17 year old, a burning cross is something cool (if stupid to do) and it gets attention. They arent thinking about how racist it is, or how older generations are going to think about it. I am 20. I understand both sides. But I honestly think those guys were just having some stupid, poorly thought out fun.
And as for the "hate crime video" awhile back. There were more reasons for the fight then the public knows about.
That is all.
August 3, 2010 6:01 PM
I don’t agree with those statements. Burning a cross is such an explicit act of racism that there is no other excuse for it. Young people steal garden gnomes and pull donuts in parking lots for attention. Burning a cross is an act of celebrating hate that reinforces racist thinking and attitudes.
Saturday, July 31, 2010
Anti-Racist Canada: The ARC Collective - July 30, 2010
Re-Update: Courtenay BC men found guilty of assault
The Crommunist Manifesto - July 29, 2010
Trio Charged With Attack in Courtenay
Beyond Robson - July 29, 2010
3 men in racist YouTube assault found guilty
Stand up to the Hate - July 30, 2010
Thursday, July 29, 2010
Date for a Sentencing hearing will be set on August 12th, 2010
Three Courtenay men guilty of assault is case with racial overtones
Comox Valley Echo, July 29, 2010 12:03 PM
Guilty verdict for assailants in B.C. assault caught on YouTubeJuly 29th, 2010 - The Globe and Mail
Thursday, July 8, 2010
July 8th, 2010 - Comox Valley Record
July 8th, 2010 - Comox Valley Record
Tuesday, June 29, 2010
Huber was originally sent to jail for two (2) counts each of impaired driving, one (1) count of driving while prohibited, and (1) count of breaching court orders while at large on assault charges.
In one instance, police witnessed Huber blow through two stops signs. Other witnesses also saw him stumble in and out of his truck. He later left his truck, where police found his wallet and a near empty bottle of whiskey. Adam Huber was arrested a short time later in a nearby dul de sac.
He was released on the promise that he would not consume any alcohol, but two months later police found him leaving Gulliver's Pub after a disturbance. He told police that he "only had half a beer," and that it was "still on the table inside." Huber was arrested again, and released again shortly after.
The last straw for Judge Peter Doherty was when Adam was caught with a drink in the drive-thru at the very same McDonalds that Jay Phillips was assaulted. This time during the bail hearing, Doherty sentenced Adam Huber to 6 months in jail.
At that time, Huber's record already included one (1) conviction for impaired driving and two (2) others for driving without a licence. Doherty told Adam during the bail hearing that day, "Mr. Huber, you obviously have an alcohol problem, looking at your record and the kind of trouble you get in."
I hope this is rock bottom for Adam. I don't say that because I want him to feel misery, but want the best for his future. According to AA's 12 step message, alcoholics can only turn around once they hit rock bottom; this assuming Adam does have an alcohol problem.
- Comox Valley Record - June 29th, 2010
- Times Colonist - March 24th, 2010
Monday, June 28, 2010
During the closing arguments, lawyers for the three defendants stood by their claim that Jay Philips was an equal participant in the fight. They even went as far as to say that Jay Philips was the one who had the motivation to “pick a fight.”
I don’t think whether or not Jay Phillips picked a fight is important. What I’m mainly concerned about is the, alleged, unprovoked verbal and racist attack that Jay suffered before the fight. The crown prosecutor, Bob Richardson, claimed that Adam Huber assumed Jay Phillips was a drug dealer when he saw Philips taking with a teenaged boy. That was when Phillips claimed the three men all threatened to lynch him and called him “Nigger”.
That right there scares me. You can be minding your own business and then be falsely accused and threatened with a lynching reminiscent of the American Deep South decades ago. This is not what I want to see in our community and should not be tolerated. As seen in pictures on Facebook, these young men like to revel in the culture of the Deep South, including having pictures taken in a room full of racist imagery and burning crosses.
Doug Marion went on to say, “You can see him in the video, he’s backing away but his arms are open and he’s screaming ‘come on!’ and then pointing to his chest. The reality is, that is consent.” I disagree with his comment and find some fallacies with his logic.
- It shouldn’t be considered “consent” if you’ve been backing away from 3 advancing men for 43 seconds.
- You can’t blame a man for calling action after being verbally assaulted with the word “Nigger” and threated with death by lynching.
- Justin Smith took the time to back the truck up into a parking spot across the street. Which means they planned to stay a while when they stopped to confront Jay Philips.
Is Jay the bad guy to wanting to fight back? No, he was just defending himself and his personal safety. Anyone would do the same in his shoes.
In Jay’s defence, Bob Richardson said Jay’s actions were within reason and said that, “at that point [Jay’s] got no choice but to engage these people.” He also added that Jay “was trying to make himself bigger to face the danger that was there.”
Both defense and crown consul tried to distrust each other witness’ testimony. Bob Richardson pointed how
- Rob Rodgers originally denied drinking before the incident. He ended up confessing he had, “maybe six beer and couple of shots of tequila. “
- Adam Huber denied using the word “Nigger,” but later admitted that it “may had been said” and if it was, it was only to describe Jay as a loser. (Funny: when was it okay to liken someone to being a loser by calling them Nigger? I think Adam needs some racial sensitivity education. In fact, all three men involved should take a racial sensitivity course. I’ve said in the past, I think they should travel world in order to respect other cultures and races)
- Jay Philips also reported to have disappeared into his apartment when police arrived and then leaving through a back window. It maybe strange behaviour, but doesn’t explain how it related to how this physical engagement started.
- Defence lawyer, Doug Marion also attacked Jay’s credibility by saying his heroin addiction and robbery conviction 10 years ago now leaves everything claimed by Jay untrustworthy.
- I find it ironic how, Doug Marion, who is a criminal defence lawyer himself, does not believe in second chances. Don’t believe that old adage “You can’t change a man.” People can and have been rehabilitated from a criminal past, despite what Doug Marion suggest from Jay Philips criminal record.
- Trial continues in Courtenay alleged racist assault case
Globe and Mail - June 28th, 2010
- Lawyers dispute testimony
Comox Valley Record - June 29th, 2010
- Verdict awaited in assault case
Comox Valley Echo - June 29th, 2010
Saturday, June 26, 2010
Thursday, June 17, 2010
- 10PM curfew
- No contact with David White or Rob Rogers
- No consumption of alcohol
Comox Valley EchoJune 18th, 2010One of the three men accused in the YouTube assault is in trouble again.Adam Huber, 25, who has been out on bail, was back in court Thursday charged with violating the conditions of his release.Huber was alleged to have been caught drinking at Lewis Park on Wednesday night and was arrested.Huber was released from jail pending a decision in the assault case involving Jay Phillips that was captured on video and posted on YouTube. He is forbidden from consuming alchohol or drugs and had a 10 p.m. to 6 a.m. curfew.As well, he is also facing several charges related to two drinking and driving incidents.
Comox Valley RecordJune 17th, 2010Adam David Huber, 25, one of a trio of men on trial for an assault on Jay Phillips, will return to court on a breach of his bail conditions following an incident in Lewis Park Wednesday night.
Thursday, June 3, 2010
- No alcohol or drug consumption
- Attendance to a sobriety support group
- No contact with David White or Rod Rogers
- Curfew from 10 p.m. to 6 a.m.
- And more...