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.

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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

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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*