Friday, March 26, 2010

Lawyers of Trio File for New Court Date

Picture sent in by reader of the day the men went joy riding in the Coutenay mudflats. (see video)

Now that Adam is in jail for the next few months, the men's lawyers want to move the court date for the assult charges from August 19, 2010 to October 4, 2010. (update 26/03/10 - According to an anonymous commenter, Aug 19th is a confirmation hearing for the trail date of Oct 4th)

Comox Valley Record, March 25th, 2010

Adam David Huber, 25, one of the three men accused of attacking Jay Phillips last summer, received a six-month jail sentence — less time already served — on unrelated charges.

Huber, appearing before the court last Thursday, pleaded guilty to two counts each of impaired driving, driving while prohibited and breaching court orders while at large on the assault charge.

In agreement with lawyers representing Robert William Rodgers, 26, and David Samuel White, 20, Huber’s lawyer Tom Marino also filed an application to move the Oct. 4 trial date for the trio ahead.

Currently, a hearing is scheduled for Aug.19.

Comox Valley Record, March 18th, 2010

A lawyer for Adam David Huber, 25, one of three men accused of assaulting Jay Phillips in Courtenay last summer, has filed an application to move the Oct. 4 trial date ahead.

Victoria-based lawyer Tom Morino presented the request to Judge Doherty Thursday morning with lawyers Doug Marion (representing Robert William Rogers, 25) and Eric Chesterley (representing David Samuel White, 19) agreeing with the application.

Morino told the Record having his client wait in custody until the original October court date “(is) something that doesn’t make sense to me.”

“I would ideally like to have (the trial) within the next month or two, but realistically, I don’t think that’s going to happen,” he added.

A hearing is scheduled for Aug. 19.

The assault caught international media attention, as the three white men attacking the black Phillips went viral on the Internet after it was caught on video camera and broadcast on YouTube.

Adam Huber Sentence to Six Months for Impaired Driving

Adam was sentenced to 6months in prison for a rash of drinking and driving incidences. One of which had Adam blow through two stop signs with a near empty bottle of whiskey in his truck.

Adam now plans to move to Ontario to surround himself with better people when he gets out. Lawyers for all 3 men will return to court today to reschedule the court case on the attack on Jay Philips in 2009.

Island man in highly publicized assault jailed for impaired driving
Vancouver Sun, March 24th, 2010

One of three young white men accused of attacking a black man in a highly publicized assault caught on YouTube has been sent to jail on unrelated matters.

Adam David Huber received a six-month jail sentence on Thursday after pleading guilty to two counts each of impaired driving, driving while prohibited and breaching court orders while at large on the assault charge.

The alleged attack occurred on July 3. Charges were laid against Huber (25), Robert William Roy Rodgers (26) and David Samuel White (20) after a video of the incident was widely viewed on the YouTube video sharing service.

Four months later, on Nov. 13, 2009, Huber was arrested after a former police officer spotted a red pickup truck blowing through two stop signs on Fifth Street.

The witness, according to court testimony, saw Huber get out of the truck, stumble and then get back in and drive off.

He turned quickly onto Cliffe Avenue, but police sent to locate the vehicle lost it around 14th Street.

It was eventually found parked in front of a 14th Street business, Huber's wallet inside along with a nearly empty bottle of whiskey. Huber was found intoxicated in a nearby cul de sac.

He was released on a promise to appear that forbade him from consuming alcohol but two months later, on Jan. 8, he was found walking away from Gulliver's Pub after police got a report of a disturbance.

"Mr. Huber said I only had half a beer, it's still on the table inside," said Crown prosecutor M. Giri.

Huber was arrested for breaching and released again.

One month later, on Feb. 12 at 10:30 p.m., Huber was arrested again after he was spotted drinking alcohol while going through the McDonald's drive-thru.

He refused to blow. This time he was detained by Judge Peter Doherty after a bail hearing.

Huber's record includes one conviction for impaired driving and two others for driving without a licence.

Defence lawyer Tom Marino said his client "obviously has an issue with alcohol" and he has lost everything, including his work truck, since being taken into custody one month ago -- he gets credit for two months.

When released, Huber plans to return to Ontario so he can surround himself with a different circle of friends.

Judge Peter Doherty sentenced Huber to four additional months in jail on the impaired and breach charges, fined him $600 for the two driving while prohibited charges and suspended his driver's licence for two years.

Conditions of Huber's probation include that he attend substance abuse counseling, including residential treatment.

"Mr. Huber, you obviously have an alcohol problem, looking at your record and the kind of trouble you get in," said Doherty.

A trial on the assault charge for Huber and his two co-accused had originally been scheduled for September.

Lawyers for all three men agreed to return to court on March 25 to get a new, earlier trial date.