Four men convicted in Grand Manan riot won’t have to serve more jail time

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This article was published 04/12/2006 (7216 days ago), so information in it may no longer be current.

ST. ANDREWS, N.B. (CP) – Four men who burned down the house of a suspected drug dealer during a riot last summer on New Brunswick’s Grand Manan Island will not have to serve more jail time.

Three of them received conditional sentences Monday, which means they’ll have to stay in their homes except to go to work and appointments. The fourth received a conditional discharge, meaning he won’t be penalized further unless he fails to keep the peace.

The men were convicted Nov.’ after a two-week trial in which the defence argued they acted in self-defence when they torched the home of Ronald Ross.

Justice Hugh McLellan said the four were lucky no one was killed during the melee.

“If any one of these people had been killed, you’d be looking at years and years and years in penitentiary,” said McLellan.

Two men convicted of arson – Michael Small, 27, and Lloyd Bainbridge, 31 – each received a one-year conditional sentence and must pay $5,000 in restitution to Ross.

Matthew Lambert, 27, was handed a six-month conditional sentence for using a firearm dangerous to the public peace – a flare gun.

A flare from the gun hit Ross in the leg and started a small fire on the porch of the house.

Carter Foster, 25, received a conditional discharge for improper storage of a firearm, and must keep the peace for six months.

Each told the judge they were sorry for their actions and they never expected that what was supposed to have been a peaceful intervention would get out of control.

Prior to sentencing, each of the accused served between’ and 36 days in custody and up to three months under house arrest.

A fifth man, Gregory Guthrie, was acquitted.

Witnesses told court that some people on the island believed that Ross was a drug dealer who sold crack from his house and struck fear in the community.

Court heard that on the night of July 21, up to 40 residents confronted Ross and his friends.

Numerous gunshots were fired from both sides, Ross was beaten up and his house burned to the ground as residents formed a human chain to keep firefighters from extinguishing the blaze.

The accused said they were acting in self-defence, for themselves and their neighbours.

Rumours had spread across the island that Ross and some friends were preparing to burn down several homes – a story Ross denied in court.

Ross admitted during trial to using crack, but denied selling it.

Despite the gunplay and violence, no one was seriously hurt in the melee, which tarnished the reputation of the normally sleepy Bay of Fundy fishing community.

During the sentencing hearing Monday, Crown prosecutor Jim McAvity said the July incident was not planned, but clearly spun out of control.

“We cannot condone the events that led to the convictions,” he told the judge. “But the court should temper its sentence with mercy.”

Outside the court, McAvity told reporters no one should think the sentences mean the men “got away with the crimes.”

“If you consider spending a year of house arrest walking away, I don’t think so.”

Defence lawyer David Lutz said his clients were all glad to be going home and they regretted their actions.

“A confluence of coincidences caused this all to happen. The men have all acknowledged their criminal actions that night, and you’re never going to hear from them again,” said Lutz.

The high-profile case raised debate in many circles about vigilante justice.

Both lawyers said no one should take the law into their own hands.

In fact, Lutz has suggested island residents erect signs near the ferry terminals to serve notice to drug dealers.

He said the signs should read: “If you bring crack cocaine to our island, we’re going to tell on you.”

“And I want everyone to tell on everybody, every single time,” he said.

Ross, who now lives in Nova Scotia, is due in a St. Stephen, N.B., court next week on charges of threatening to kill and burn out Carter Foster and his girlfriend.

Ross will also have a jury trial in April in St. Andrews on weapons charges related to the July riot.