BC Justice Study: Human Life worth " 2 years"

Two of Michael Levy's attackers sentenced: one gets 2 years, one 20 months

Doug Ward, Vancouver Sun

Published: Monday, December 10, 2007

SURREY - Robert Green, one of three teenagers found guilty in a vicious axe attack in Surrey that left fellow teen Michael Levy a quadriplegic, was sentenced Monday in Surrey Provincial Court to three years in prison.

Green, who smashed a glass bottle into Levy's head during the assault at a Halloween dance organized by teens, was given credit for one year of pre-trial custody. He will serve two years less a day in jail with three years of probation.

A second teenager, Tuan Nguyen, who hit Levy with his fists, was given a 20-month conditional sentence that will be served in the community with an additional two years probation.

Michael Levy in December 2006. He was paralyzed as the result of an attack with an axe.

Michael Levy in December 2006. He was paralyzed as the result of an attack with an axe.

Both Green and Nguyen were 17 at the time of the unprovoked attack.

A third teenager, Enrique Quintana, who struck Levy with an axe, severing his spinal column, is to be sentenced Jan. 23.

Levy, 19, was attacked at a party at Surrey's Tynehead Hall on Oct. 28, 2006. He was punched, pepper-sprayed and hit in the back of the head three times with an axe.

Green, Nguyen and Quintana were found guilty in August of aggravated assault and possession of a weapon for their actions in the swarming attack. A fourth person was acquitted.

Deborah Levy, Michael's mother, angrily criticised the sentences outside the courtroom.

"For Michael to have to go the rest of his life in a wheelchair... and these guys are getting off with two years with probation and the other one gets 20 months in the community, not 20 months in jail?

"What is this? Where is the justice?"

Judge Kenneth Ball agreed with a crown counsel request to sentence Green and Nguyen, both now 18, as adults because of the serious crime they committed.

In his written decision, Ball said that "Levy will not walk again and has a series of ongoing and debilitating medical problems that will plague him for the rest of his days."

Ball cited reports filed in court which detailed how the catastrophic injury has changed Levy's life.

One report said Levy, who is confined to a wheelchair, will never be able to use his arms, hands or fingers -"at best, he may eventually gain enough strength to grip and hold an eating utensil."

The report said Levy requires assistance in every aspect of his life and takes a range of medications several times a day, including pain medication and anti-depressants. The report noted that Levy's lungs operate at 50 per cent capacity and are expected to deteriorate with age.

Levy, prior to the attack, had hoped to enlist in the Canadian military.

"On good days, he is hopeful of eventually continuing his education. On bad days he just wants to die. His current existence is lived hour-by-hour, day-by-day," according to one court report.

The Crown's recommendation to have the men tried in adult court came after Levy's sister, Crystal Levy, said in a victim's impact statement that "our lives have been disabled" by the assault.

The Crown had submitted that Green be given credit for one year in pre-trial custody with an additional period of incarceration of two to three and a half years. Prosecution asked for a sentence of up to two years for Nguyen.

Defence lawyers for Green and Nguyen had asked that their clients be sentenced as youths.

In his decision, Judge Ball said Green has not accepted responsibility for the near-fatal attack on Levy.

Nguyen, on the other hand, turned himself into the police after hearing about the seriousness of Levy's injury and has expressed true remorse for his actions, Ball added.

Michael Levy did not attend court for the sentencing of his attackers.