Bloggers and Tweeters React to Verdict

Three Men Guilty in Racially Motivated Attack
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

Guilty Verdict for 3 Attackers

Date for a Sentencing hearing will be set on August 12th, 2010

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Three Courtenay men guilty of assault is case with racial overtones
Comox Valley Echo, July 29, 2010 12:03 PM

Read more: http://www.timescolonist.com/Three+Courtenay+guilty+assault+case+with+racial+overtones/3337833/story.html#ixzz0v6HIsCXX

YouTube trio found guilty of assaulting lone man in Courtenay

July 29th, 2010 - Comox Valley Record

Read More: http://www.bclocalnews.com/news/99564099.html

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

July 29th, 2010 - The Globe and Mail

Read More: http://www.theglobeandmail.com/news/national/british-columbia/guilty-verdict-for-assailants-in-bc-assault-caught-on-youtube/article1656248/

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:

Blogger alleges racism

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:

Judge’s ruling coming soon

July 8th, 2010 - Comox Valley Record

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:

• Huber sentenced for recent breach
  
  • Comox Valley Record - June 29th, 2010
    
    
• Island man in highly publicized assault jailed for impaired driving
  
  • Times Colonist - March 24th, 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.

• David White and Adam Huber Seen with Racist Imagery
• David White Cross Burning

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:

• 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

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.

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.

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.

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*

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.”

More from the Man Behind the Lense

Comox Valley Record:
May 27th -Racism cited in assault

Vancouver Sun:
May 27th -Man who filmed assault of black man testifies

Victoria Times Colonist:
May 27th -Slur drew YouTube poster to fracas

National Post:
May 27th -Video of racial attack key evidence

New Perspective from a Reader

I would like to share a comment an anonymous reader, which I found thoughtful and gives a new perspective to the case:

Anonymous said...I find it very interesting that for someone who is not attending these court dates, you have so much input on the entire subject. A lot IS being said about what is going on, but if you were actually there in person you would be able to see how much each person that has testified has a different story. Of course memory comes into play, and points are bound to vary, but you would also recognize that Jay Phillips is changing his story immensely and things are definitely not adding up. there is much to say about how the media has exposed the entire subject, plus the information that was given to the RCMP true AND false. I hope that this case brings light to how things can be quickly misconstrued and how rapidly people react to the worst in people. Yes, what the three accused of was shocking and horrifying, but it also could have been dealt with in a much more accurate and responsible manner, perhaps by sending the evidence of the fight that was recorded to the police instead of labeling it "3 white supremacists attack black male," or "hate crime," and then posting it carelessly onto youtube portraying these individuals as monsters when really you know absolutely nothing about these young men, who actually are loving human beings and deserve to be treated fairly just like anyone else. Many lives have been affected even ruined; accused and guilty by association and I just wish that people could understand that there are always two sides to a story and if people are so concerned, disgusted and upset about what they were exposed to, then maybe they should have found the time to look deeper into this and show their concern by showing their faces in the court room. I found it very interesting that in the heat of the moment and for most of the month of at least July, people were coming together to protest and show their support for Jay Phillips. Although yesterday and today looking around in the courtroom, only half of the seats were filled half of which are family members of the accused,the other half being mostly media. I'd also like to point out the fact that the media has crossed a lot of personal boundaries, not just of the 3 accused but also those of which that seem to be guilty by association. Peoples lives are personal and its unfortunate that certain news reporters have trespassed and exposed those that are not at all liable for what happened in that video. Its clear that you have put a lot of time and energy into this blog, and its much appreciated that you are staying up-to-date for those that are watching the case, but its also unfortunate that you have only taken the time to look into the lives of the trios criminal past and was not present to hear Jays past record that was brought up in court. Hope to see more faces tomorrow in court.

I would like to politely disagree with the Anonymous' comment point about how we only looked into the lives of the trio and not Jay’s.

1) Burning crosses, playing with a noose on a tree, and socializing in a room full of racist imagery has ingrained racist ideals and attitudes into young adults, and in this case it was David White. The result: David shouting out racist remarks to a visible minority to incite anger and for a reaction. Or did he do it because he thought it was funny?

2) What does Jay’s past have to do with why David White called him “Nigger”? Just because of Jay’s criminal past, David has the right to call him that word with such hate?

I will agree with how unfairly they were labeled white supremacist. In the age of Facebook, email, and MSN, it’s really easy for rumours to spread. However, I have been to parties on the island before where guys with shaved heads say stuff like “what’s up with this nigger noise” when referring to rap music, and have handed out Neo-Nazi literature to me. And the room that David, Adam and Damien were hanging out in reminded me so much of that party in Campbell River – confederate flags, swastikas and other racist images on the walls. Are you sure they are not racist? And if so, are you also sure it did not play a role in how the fight was instigated

You can respond to post in the comments section

Day 2 of the Trial

There has been good coverage of the trail by local media outlets.

So far the people who testified were: Jay Philips, RCMP Const. Dean Biollo, Dean Soltz who interview the trio after the incident, Chris Kemila who shot the infamous video, and Adam's former common-law partner, Sonja Dickinson.

A lot of people are talking about how the relevance of Jay's past as a heroin addict 10 years ago played role in the altercation. Without being at the trial its hard to say, but a lot of people are saying the defense are just grasping at any strings they can get in a "smear campaign". Although I won't go as far as to say they're out to smear Jay Philips, but I think they might just be trying to vilify him.

There has been a lot of back lash towards the trio's defense counsel (aka lawyers). Its hard, but their job is to defend these guys and to make sure they get a fair trial. This includes exploring every avenue of defense. It may look bad on there part depending on your views, but these guys are just doing their job.


Comox Valley Record:
May 25th - Testimony underway
May 26th - Assault was racially motivated, Phillips testifies

CBC News:
May 26th - YouTube assault trial continues in B.C.

Vancouver Sun:
May 26th - Vancouver Island YouTube assault began with slurs: victim

CTV News:
May 26th - Courtenay YouTube assault trial begins


JetFM:
May 26th - YouTube Assault Trial Continues

Cross Burning in Nova Scotia Terrifies Interracial Couple

I'm furious by comments on the blog of people playing down the act of burning crosses. It's an act of hate and terror. Plain and simple. People don't burn crosses for something to do -- they burn crosses to intimidate and to celebrate hate.

Recently an interracial couple in the small community of Poplar Grove, Nova Scotia awoke to a burning cross on their front lawn 2 months ago. By the time Shayne Howe got outside, all he heard was "Die nigger, die". Thankfully, two young men in their early 20's were caught and are being prosecuted for this hate crime - Justin Rehberg (19) and Nathan Rehberg (20).

Sadly, just last weekend the couple's car was torched and the police are currently investigating. It's no surprise, but the couple will be packing up and moving their children to a different community to start a new life. Who wins in this case? Its very sad, and I don't want to see this happen in our community.

Its very dangerous when our young people are practicing and celebrating racist culture. As parents, we have to watch our kids to make sure they don't burn crosses, post racist content on the internet, use racial epithets or draw racist imagery on personal belongings.

We have to do everything we can to try to keep our children out of trouble. It doesn't take much for young people to cross that line and act upon those racist attitudes. Especially with a little bit of alcohol, youths will lose all inhibitions.

Having our children start life with a criminal record and jail time is not what every parent wants. Instead, we want them to start life with an education and a good head on their shoulders.

Further Readings

• Inter-racial couple in Nova Scotia vow to leave community after car burning (Globe and Mail)
• Nova Scotia couple shaken by cross burning (CBC)

David White and Adam Huber Seen with Racist Imagery

It's unknown who's rumpus room this is, but it is littered with racists imagery and phrases. These include: "No Flat Brimmers and No Fags," "Whites Only," "Nayggers," "Triple White," and images of someone being hung from a noose, and sketch of a hooded character with the letters KKK.

Seen spending time in this room are David White and Adam Huber.

Despite all the racist and homophobic decor, the trio stated in an interview last year with Dean Stoltz from CHEK News that they are not a racist

David Samuel White Cross Burning

In a shocking revelation, pictures were recently posted online from a friend of the trio on April 23rd, 2010. In a Facebook album titled with the date "08-09," David White can been seen constructing a cross on a camping trip. In later pictures, the cross can be seen set a blazed and a shadowy figure parading in front.

Erecting and burning a cross is an act of hate commonly done by the Ku Klux Klan for intimidation. Lets not let these foolish stunts intimidate the people who live and work in the Comox Valley.

I just hope nearby campers did not witness this burning of a cross that night.

David White Pictured Hanging from a Noose on a Tree

We have unearthed photos from the facebook of David White and friends setting up a noose in the woods. To some, it looks like bunch of young men having fun with rope over a tree's branch, but in the United States displaying that kind of imagery is a punishable act (http://www.stateline.org/live/details/story?contentId=315733). This is due to the long history of the noose being used as a symbol to represented the lynching of black African Americans by racist white Americans decades ago.

Looking at their pictures of confederate flags spray painted onto cars, and other pictures where the confederate flags are fragrantly displayed on walls and clothing makes me think these people like to revel in the culture of the American Deep South.

Looking back at the video of the attack, I now have a better understanding of the mind set of these boys.

Dog Urged to Attack Jay Philips in YouTube Video

The forth guy who we though was urged to join the attack was actually Adam Huber's dog -- Spike.

Below is the amended transcript of the YouTube video.
-----------------------------------------------------------------

0:19 - Get him Spike get him, Get him boy, get him Spike. [Off camera voice]
0:27 - Get him Spike! [Off camera, audibly louder and angrier]

0:44 - Get him Adam [Unidentified Attacker]

0:45 – Just fuckin' do it Adam [Attacker1 then pats Attacker 2 on back]

0:48 - [Attacker2 throws a punch, no contact]

0:50 - Lets take him down [Unidentified Attacker]

0:55 - Guy in truck, Come'on! [JP]

1:10 - [JP falls to ground and is swarmed by the 3 attackers]

1:19 - Ah get up [Sounds like Attacker1]

1:21 - Come'on and fight you fuckin' Nigger [Unidentified Attacker, JP, however, still defenseless in headlock by Attacker1]

1:22 - [Attackers disperses as bystanders come to help]

2:25 - Ahhh come'on! You're fuckin' dead [JP is heard screaming after getting back on his feet]

2:34 - You're fuckin' killing me.. you fuckin (inaudible).. you're dead.. what the fuck.. come'on [JP]

2:49 - Niggers [Unidentified male]

2:53 - Come'on you fuckin' goons, don't look at me. [JP]

2:55 - Do you want to come with me? I'll take you were you gotta go. [Bystander to JP]

2:57 - Come'on guys lets go [Unidentified Attacker]

2:58 - Good bye nigger. [Attacker 1]

Picture Emerges of Adam Huber After a Fight

* Screenshot was altered to protect the identities of people and children who are not of public interest. Tattoo was also enhanced and isolated to better depict it

On Adam's personal Facebook page, a picture showing him holding this newborn daughter, bruised and swollen was posted by Adam November 17, 2009 -- nearly 5 months after the incident involving Jay Philips. Taking his injuries in stride, Adam replied to a comment by writing, "still smiling ;)"

The 3rd commenter, with the same last name Huber, had the impression that Adam was the one who "provoked [this] punishment." What is not known is if those injuries were as a result of a fight before or after the attack on Jay Philips in July 2009.

The tattoo that was questioned in the infamous YouTube video can be clearly seen in this picture.