A man who roundhouse kicked a Walmart employee after attempting to steal is spending the next month in jail.
Damien Norman Hinsley, 26, pleaded guilty to assault, willfully resisting or obstructing a peace officer and possession of stolen property under $5,000 in Penticton Provincial Court Dec. 29.
On the morning of Nov. 9 a Walmart employee observed Hinsley stealing clothing and DVDs valued at $370 putting it in a bag before heading for the front door. After telling him to stop Hinsley walked up and kicked her violently in the left tricep.
“She described it as a roundhouse-type kick,” said Crown counsel Kurt Froelich.
The woman did not need medical attention and suffered a bruise in the area where she was kicked.
About 10 minutes later at 8:30 a.m. RCMP found Hinsley walking on Skaha Lake Road after the report of the theft and assault was called in. Hinsley ignored the officer’s command to stop.
Backup arrived and two police officers were able to get Hinsley under control after he initially resisted.
Hinsley has a criminal record with prior convictions for two charges of assault with a weapon, one for possession of stolen property and multiple fraud-charges related to stolen credit cards.
Defence counsel Kathryn Lundman proposed a three-month house arrest. However, Froelich noted Hinsley had twice violated the terms of a conditional sentence order in the past.
A psychological report indicated Hinsley suffered from methamphetamine-induced psychosis.
After pre-trial custody credit, Hinsley has 43 days remaining on his sentence.
