The 19-year-old man found guilty of attempted murder following a knife attack last November was in Sudbury superior court Wednesday in a second attempt to determine his sentencing.
On Nov. 28, while on his way to court, Nicholas Martin refused to cooperate with police, physically assaulted them and was tasered as a result. Due to the circumstances, the sentencing date was pushed back.
Martin is also facing a charge of first-degree murder in the death of Jeffrey Mason, who went missing Nov. 17, 2006. Mason's home and car were both found destroyed by fire the same day.
When the session resumed Wednesday, Martin arrived in court handcuffed and escorted by four armed police officers.
As the due process got underway, the satisfaction the victim's family was looking for in hearing Martin's sentence, got trounced by a second adjournment.
Martin's lawyer Louis Sola opened the proceedings with an application for adjournment on the grounds his client's charter rights had been breached when he was tasered.
Despite the judge's decision to hold the case over, the Crown fully opposed the delay. Assistant Crown attorney Phillip Zylberberg argued that the accused should not be held any less accountable for trying to kill a person because of the incident with police.
According to police, a fight broke out Nov. 24, 2006 between the two men at a house at 916 O’Neil St. W. in Garson. During the argument, a long knife was produced and Martin slashed the other man across the neck. The victim was taken to St.Joseph’s Health Centre where he underwent emergency surgery. He still requires plastic surgery and has ongoing problems with his neck, according to his mother.
