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May 19, 2023Retired bull rider suffers facial fractures in CTrain station attack
The court saw footage of the attack, which resulted in "significant injuries, including, but not limited to, skull fractures" according to the prosecutor
A bid to settle down some unruly CTrain passengers ended with a retired bull rider being viciously assaulted at a downtown station, a Calgary court heard Thursday.
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Crown prosecutor William Tran told Justice Sharon Van de Veen that three young men were acting up on an eastbound train in which Maurice Daoust was a passenger the evening of Dec. 5, 2021.
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"What he said … to the culprits (was), ‘don't mess with an old cowboy, or I’ll get you shot,’ " Tran said.
When the train pulled into the city hall station and Daoust got off he was followed.
"One of the males said something to the effect of ‘where's your gun now, cowboy?’ and the accused before you then assaulted Maurice Daoust with what is referred to as either a (piece of) rebar, or a baton," Tran said.
"He struck Maurice Daoust approximately eight times to the upper body and head."
The prosecutor said the victim "suffered significant injuries, including, but not limited to, skull fractures."
A report from Foothills Medical Centre also indicated Daoust suffered a concussion, the 34th time he's experienced such an injury.
"He used to be a bull rider," Tran said, explaining both the victim's vulnerability to such a wound and his comment about not messing with a cowboy.
Van de Veen was shown CCTV footage of the station and the attack on Daoust by Jacob Bitternose, who pleaded guilty to aggravated assault for the violent incident, and one of his associates.
The security video captured Bitternose run towards Daoust and swing what appeared to be a metal bar at the victim before striking him several more times.
A second male can also be seen punching the victim before the assailants rifle through his pockets and leave with his cowboy hat and a shoulder bag he was wearing.
Tran said stills obtained by the Calgary Police Service from surveillance cameras on the train were circulated in a Need To Identify sheet, and members of the Serious Habitual Offender Program recognized Bitternose.
When Bitternose was arrested on Jan. 29, 2022, police found a black baton in his backpack, but Tran said he wasn't certain it was the weapon used on Daoust, who described being struck with rebar.
Defence counsel Shaun Leochko acknowledged the weapon was a steel device.
At Leochko's request, Van de Veen ordered a Gladue report into Bitternose's Indigenous background.
He will remain in custody pending a sentencing hearing. A date for sentencing submissions will be set next week.
Twitter: @KMartinCourts
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