Friday, July 20, 2012

Huber Wanted by Police for Failing to Appear in Court


UPDATE: He is not listed on the Comox Valley Crimestoppers' Mugshots page anymore

Huber is wanted today by the RCMP for failing to appear in court. If you have any information to his whereabouts, call the Comox Valley RCMP at 338-1321, or Comox Valley Crimestoppers at 1-800-222-TIPS. Read More: Comox Valley Crimestoppers 


Sunday, April 17, 2011

Sentencing of the Trio

Maximum sentence was 6 months in jail for the trio, but in the end they got:
  • Rob Rogers - Fined $500 and 8 months probation

  • Adam Huber - One day in jail and 12 months probation. He must also go into treatment for his alcohol problem.

  • David White - A conditional 30 day sentence where he will be put on a curfew, community service, AND ordered to undergo psychological counselling. White talked with the media afterwards. See the video from CTV News for his comments below.




Friday, December 17, 2010

1st Day of Sentencing



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.

Eric Chesterley, White's lawyer, claimed that his client is not a racist. Racist or not, White did say a horrible thing towards Jay Phillips from the back of the pickup truck. It was discovered through court proceedings that White, without provocation, yelled "There's a nigger" within earshot of Phillips, a black man himself. No one should be subject to that kind of racial and verbal abuse. He may not be racist in the true sense as claimed by Eric Chesterley, but we do know he doesn't have respect for black people he if he fragrantly uses the N-word in public like that

I don't think racial jokes, insults, discrimination, and abuse will decrease from the publicity of this case. Jokes will still be said behind people's backs. Minorities will still be distanced and isolated from certain social groups. And people will still be harassed on the street for being a different race in the Comox Valley. But hopefully, we'll learn that if you single someone out based on the colour of their skin and assault them physically or verbally, there will be consequences.

Oblivious to most people of the Comox Valley, a racist subculture that celebrate the history and culture of the American deep south is brewing in the Valley. Everytime you see a confederate flag on a vehicle or piece of clothing, ask yourself what you think that person is celebrating by displaying it? More than likely, they're celebrating and representing the racist redneck subculture prevalent in the Southern United States.



Read More:

Judge delays sentencing on YouTube case‎
Dec 17th, 2010 - Comox Valley Echo
No decision‎
Dec 16th, 2010 - Comox Valley Record

Thursday, October 7, 2010

Crown Presents Facebook Photos

Crown prosecutor presented pictures taken from Facebook that may suggest that David White revel in and celebrated racist culture. These photos may also suggest that his verbal attack was racially motivated as well.

There was as hearing between all lawyers to determine whether the photo are admissible in court. However, Judge Peter Doherty will determine the evidence's admissibility at a later date.


Tuesday, October 5, 2010

Trouble in Campbell River for Huber *UPDATE*

On September 17th, Adam David Huber made an appearance at the Courtenay Law Courts for "wilfully resisting or obstructing a peace officer" in Campbell River. Not much is known about this incident. As a service to public interest, and possible safety, Huber is listed as "In Custody" on the BC Court Services Online.


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.


Read More:

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.


http://www.bclocalnews.com/vancouver_island_north/comoxvalleyrecord/news/104538224.html

Friday, August 27, 2010

Dates Set for Sentencing

Crown attorney will present additional evidence against David Samuel White on October 5th, 2010.

During the trial, White was found to have initiated the altercation with his unprovoked racial slur at a visible minority last year. That verbal attack spurred a fight that was captured on video and posted on YouTube where it was viewed a couple hundred thousand times.

Sentencing for all three has been set for Dec 16th, 2010.

Read more:
Court case resumes Oct. 5 - Comox Valley Record

Wednesday, August 18, 2010

Adam David Huber, is now out bail again. David White will find out Aug 26th, 2010 if he will be charged with the tougher hate crime conviction for uttering the racial slurs before, during, and after the fight.


Man in high-profile assault back out on bail
Comox Valley Echo - August 17th, 2010

Adam 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

Sentencing Delayed

.

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

Witness to Camping Cross Burning Downplays Event

Anonymous said...
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.

Also, I think David White was well aware of the connotations of burning a cross judging from the KKK reference from the image to the right.

Learn More:
What sickens me the most are all the comments on Facebook that commended and praised the young men for this disgusting show of racism. If this is how our young people react to men revelling in racist culture, then I wouldn’t want to be around the Comox Valley in the next 10 years.

I think all this is all due to an explosion of a "racist redneck subculture" that started in the mid 90s. We have always been an urban country community, but I didn't really see gun racks and confederate flags on the back of trucks 'till about 15 years ago. Since then, I've been noticing that teenagers are wearing flannel work jackets and steel toed boots. Which, I find ridiculous since they're only teenagers and shouldn't be working laborious jobs


Lastly, the anonymous commenter hinted that there may have been more to the backstory of the fight that occurred last year. I’ve heard about 3 different rumours about that; I won’t speak of them because those stories were never reported or corroborated with other facts.

Saturday, July 31, 2010

Thursday, July 29, 2010

Guilty Verdict for 3 Attackers







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

YouTube trio found guilty of assaulting lone man in Courtenay

July 29th, 2010 - Comox Valley Record



Guilty verdict for assailants in B.C. assault caught on YouTube

July 29th, 2010 - The Globe and Mail

Thursday, July 8, 2010

Unearthed Facebook Photos Caught Attention of the CVCJC

Photos that surfaced on Facebook showed two of the accused with racist imagery, and has now has caught the attention of the Comox Valley Community Justice Centre. Although they say blogging and social media falls outside the way they operate, it's a medium that they need to embrace.

I had some reservations about posting these pictures, but ultimately, I felt these racist attitudes by some of the young people in our community should be brought to light. And that it was in the best interest of the public safety to know that these men socialize and practice racist culture.

If Judge Peter Dorthey does rule that this altercation was racially motivated, I also wanted to show people how practicing these racist behaviors can affect young people later in life.

Learn More:
July 8th, 2010 - Comox Valley Record

Date Set for Judge Peter Doherty's Verdict

3 weeks from now on July 29th, Judge Peter Doherty will give his verdict on the altercation that took place just over year ago between a 39 year old black man and 3 young white males.

Some have said the alternation was racially motivated, while the 3 young men said it was not.

Learn More:
July 8th, 2010 - Comox Valley Record

Tuesday, June 29, 2010

Adam Huber Sentenced to 60 Days for Breaking Bail Conditions

Adam Huber was sent to 60 days in jail, less time severed for breaking his bail conditions. As posted before, he was picked up at Lewis Park by police on the evening of June 16th, 2010. It was reported he was caught drinking near the concession stand and smelled of alcohol. Initially he denied those claims, but later, wittiness told police they saw him have "just a couple" at the lake earlier that day.

Adam Huber's Past Convictions
Despite Judge Peter Doherty telling Huber he was already on thin-ice and that if he had "so much as a sip of beer," he would be back in jail, Adam still decided to go out and party that night.

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.

Read More:


Monday, June 28, 2010

Defence stand by claim of mutual engagement

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.

Lawyer for Rob Rogers, Doug Marion, who specializes in criminal defense, closed his submission by saying that Philips could had walked from the fight if he wanted to. However, the YouTube video started with two men advancing as Philips was backing away.

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

  1. Rob Rodgers originally denied drinking before the incident. He ended up confessing he had, “maybe six beer and couple of shots of tequila. “

  2. 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)

  3. 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.

  4. 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.

  5. 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.



Another court date is now scheduled for July 8th, 2010

More Reading:


Saturday, June 26, 2010

Adam Huber Back In Jail

Adam David Huber is now confirmed to be back in jail after his arrest last week in Lewis Park on the evening of June 16th; just less than two weeks after he was released on bail. The decision to send him back to jail was made during a bail review regarding his multiple drinking and driving arrests.

Huber, along with David White and Rob Rodgers, will appear in court this Monday, June 28th, for the altercation with Jay Philips. There they will hear closing arguments.

Thursday, June 17, 2010

Adam Huber Breach Bail Conditions Again *UPDATE*

*Update 18/06/2010* We know now he was allegedly caught drinking in Lewis Park last Wednesday.

Last night Huber breached his bail conditions at Lewis Park. There is no information to what activity Huber did to break those conditions. Some conditions he had were:
  • 10PM curfew
  • No contact with David White or Rob Rogers
  • No consumption of alcohol

He will return to court the same day that he was originally going to appear for the closing augments of the attack case.

I just hope this incident was just a misunderstanding or a fluke of coincidences; and that Adam was just in the wrong place at the wrong time. It pains me to hear that he is in trouble with the law again.

Comox Valley Echo
June 18th, 2010

One 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 Record
June 17th, 2010

Adam 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

Adam Huber Out on Bail

During the bail hearing today, Judge Peter Doherty has set Adam's bail at $1,000 with some conditions. They include:
  • 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...
Although Adam has had a few problem with conditions set by the court in the past, I hope he'll stay out of trouble this time for family sake. I'm sure he will now that he realizes there are consequences to his actions.

Adam, along with David White and Rod Rogers, will return to court June 28th for closing arguments.

Wednesday, June 2, 2010

The Man Who Drove the Trio to Confront Jay Phillips


Through court preceedings, we now know the driver of the red truck was Justin Stanley Smith (26) from Courtenay, BC.

*Retraction made for the reasons made by commenter below*

Sunday, May 30, 2010

When is it Okay to Call Someone "Nigger"?

Who was the instigator?

There are two sides that Judge Peter Dorothy has to take into consideration. Adam Huber’s account where she said David White yelled out “There’s a nigger” and that Jay over heard it and threw a water bottle; and Jay’s side, where he said that they were going to lynch him and his family. Lynching in the context where it was done in the Deep South and had black people put on impromptu trails in front of a mob and killed by hanging from a tree with a noose.

Did Jay overreact to being called a Nigger?

In a police interview, Adam Huber’s account started with David White yelling “There's a nigger” to the passengers in the truck from the bed. Now put yourself in Jay Philips’ shoes for a minute; the action police will want you to take is not to escalate the situation and to call the police and report it. As with anything when rage and adrenalin gets involve, judgement on what the right thing to do is hampered, and you only have a split second to decide your action.
Now, can you blame Jay for throwing a water bottle at the truck and calling them back to fight? If I was in his shoes, it would be hard for me to let something like that go without reacting to their words.

Or Should we Blame David White for the Racially Motivated Verbal Attack?

Can you blame David White for yelling out “Hey there’s a nigger” within ear shot of Jay wrong? I will go out and say yes, it is wrong. In countries like Germany, Austria, and some European countries, just drawing a swastika can land you in jail. Here in the Comox Valley, acts such as when David White hung himself from a tree with a noose and burning a cross were met with amusement and enjoyment among his peers. I also want to add, those acts are illegal in some American States, so those pictures of David White will have him in trouble if they were taken on US soil, something law makers here should think about.

This attitude is definitely sickening to me. In Canada, we like to think of ourselves as people with progressive ideals, but really, its countries like the United States, Germany, and Austria that are doing more to curb racial motivated violence by making sure people don’t celebrate racist culture. As I said in past blog posts, encouraging people to fly confederate flags, say racist jokes, and burning crosses will only reinforce racism into the people of the Comox Valley. And the result will be more verbal and physical attacks on people who are trying live life here in the beautiful Comox Valley.

Pussy vs Nigger?

David White claimed Jay called them "pussies" in reaction to his racist slurs. In the police interview, David White said, "he called us pussies — he wanted to take us all ... we called him some racial slurs."

When is it okay to call someone Nigger?

The trio had said in the interview with CHEK6 that they only used the word "Nigger" because Jay Phillips made them mad. Dean Slotz, in the interview asked “why the language,” the accused stated they weren’t racists but pissed off. They then defended their use of the N-word by saying it was used to make “him mad because he made [them] mad.” Huber also acknowledged that “it shouldn’t have been said.”

Their Account of the Events Leading to the fight

In the Dean Slotz interview, Adam said:
“we were driving the truck through the McDonalds drive-thru when we turned the corner, I guess Jay is his name is – is with a buddy of his on the corner, drove by, something may have been said, and I see a cheese burger flying through the air. That’s when we turned around -- we turned the truck around, and when we did, I preceded out of the truck to ask him ‘why, what are you throwing at my truck.’ He proceeded to throw his hands in the air and call us all names, slander, say he wanted to fight all 3 of us, he’ll take us all on. I don’t want to say the words that he used but that’s pretty much the gist of it.”

When the Stolz wanted to make clear which side the initial insult came from, one male answered:
“we’re not really sure, we seen the cheeseburger flying through the air. We turned around [the truck] and asked him what the deal was. He wouldn’t even answer us why he threw the cheese burger. He just kind of threw his hands in the air calling us all out… you know.”

Then the other male said, laughing afterwards:
“I just actually seen a cheese burger lying in the back of the truck.”