Burger assault sentencing

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Two Hamilton men have now been sentenced for assault with a weapon, they threw a hamburger and drink in the face of a sleeping man at McDonalds, then posted the attack on Facebook.

The incident happened in March of last year, both men are now 24 and they say they’re remorseful.

Neither will spend time in jail. Joseph Reid got a suspended sentence and Matthew West got a conditional discharge.

Reid was at McDonalds at about 1am on March 16, 2015. He’s filming and egging on his friend. Matthew West was putting a half-eaten burger into a drink. He later throws the drink and sandwich at a man who had fallen asleep at another table.

That night they posted this video to Facebook. In the morning, they faced backlash from horrified viewers.

Both 24 year olds pleaded guilty to assault with a weapon, and apologized during sentencing.

“I’ve lost many friends I cared about. I know what I did was wrong and I’m trying to change the way people look at me again. I’m so sorry” West said, through tears.

His parents sobbed from the back of the room and again, when the judge agreed West would get a conditional discharge. That means he won’t get a criminal record. He’s training to be an electrician and shares custody of his four year old son.

His lawyer says West stopped drinking and has been doing community service.

Reid already has a criminal record, so he got a suspended sentence. Court heard he basically raised himself from the age of 13, and spent his teens looking for a place to sleep and something to eat.

As part of their probation conditions Reid and West have to stay away from the McDonalds at Barton and Lottridge, where the incident happened.

The crown thought the 71 year old victim would want to return here and enjoy his meal, without fear of confronting his attackers.

Both men have two years probation and 120 hours of community service to complete.

The judge said he couldn’t find the words to express his disgust at their actions, but he hoped community service would make them understand what it’s like to be poor, alone and depressed.

The victim did not come to court or write a victim impact statement, he seemed to just want to forget this happened.