A judge has a found a Kelowna man guilty of aggravated assault following a lengthy court case.
Steve Kaplan and Kyle O’Brien were both charged with aggravated assault for their involvement in a 2014 fight outside Sapphire Nightclub.
The fight resulted in a fractured skull and brain bleed for Michael Martin, who spent two weeks in a coma following the incident.
Steven Kollie, the man who actually punched Martin in the head knocking him to the ground unconscious, was found guilty last year of aggravated assault and was sentenced to five years.
Justice Allan Betton told the court that neither Kaplan nor O’Brien showed any indication of surprise or concern when Martin was seen lying on the pavement after one punch.
Betton felt surveillance footage proved Kaplan planned the attack and intended to cause bodily harm, thus guilty of aggravated assault.
While O’Brien, who was a bouncer at the night club at the time of the assault, was found guilty of a lesser offence of common assault, after Betton decided there was ‘no objective foreseeability’ of bodily harm for aggravated assault.
Both men are expected back in court on March 27 to fix a date for sentencing.