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By MICHAEL STAPLES
staples.michael@dailygleaner.com

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A 25-year-old Fredericton man was sentenced to a year in jail for his part in a brutal assault last summer outside the Hilltop Grill and Beverage Co. on Prospect Street.

David John Joseph Burlet of 270 Parkside Dr. was part of a group that severely beat and kicked a man outside the pub early in the morning of July 29, leaving him bloodied and bruised.

Burlet also punched another man in the face at around the same time.

During an earlier appearance, he maintained his not guilty plea on a robbery charge but pleaded guilty to the lesser, included offence of assault causing bodily harm. He also changed his plea to guilty on an indictable assault count.

Judge William McCarroll described the group beating as "disturbing."

He agreed with Crown prosecutor Robert Murray's portrayal of the attack as a swarming.

"(The victim's) face is barely recognizable," McCarroll said after examining photos taken at the time of the incident. "His teeth are all broken ... This is a very serious assault."

McCarroll told Burlet that if the victim had died, he could have faced a murder or manslaughter charge.

The judge said the second assault differed because it was a one-on-one incident.

McCarroll said it would be inappropriate to grant Burlet a conditional sentence because it wouldn't meet the definition of deterrence and denunciation.

Burlet was given one year for the swarming incident and six months for the one-on-one assault, but the sentences will run concurrently.

Murray said the most seriously injured of the two victims was assaulted by three people after he had gone outside the pub to have a smoke. During the attack, he was kicked in the face and body.

Murray said the victim's eyes were cut and swollen and his face was unrecognizable because of the amount of blood on it.

After the incident, the victim was missing his cellphone and cash, the prosecutor said.

A second man was subsequently punched in the face twice, also outside the pub, the court was told.

In a victim-impact statement, the swarmed man said his dental bill will be at least $5,000.

The victim was also off work for two weeks and is upset that he's no longer able to go out on the town and enjoy himself, the court was told.

The second victim, also in a victim-impact statement, said he suffered a black eye, bumps and bruises. He also said his sense of security has changed.

Defence counsel Rick Cove said his client was drunk the night the night of the incidents. He said there was already fighting going on when his client left the pub and walked into the parking lot.

"Foolishly, drunkenly, he joined in," Cove told the court.

He said Burlet wasn't connected to any robberies, which the court has accepted.

Cove said his client went home after the fights and wasn't with the group accused of other crimes.

Also charged in connection with the case are Jeremy Joseph Mazerolle, 21, of Estey's Bridge; Jason Peter Mollins, 25, of 671 Union St.; and Tiffany Anne Brewer, 22, of 43 Gibson St., all of whom face counts of robbery.

Trials for Mollins and Mazerolle are already underway, and Brewer's trial is set for May.

Cove suggested the injuries to the first victim weren't in the upper range of seriousness, but the judge disagreed.

Burlet apologized to the people he hurt and to their families.

In addition to time behind bars, McCarroll ordered Burlet to provide a sample of his DNA, prohibited him from owning a firearm for life and ordered him to pay $2,500 in restitution to the severely injured victim.