St. Thomas Lawyer Avoids Jail Time After Bat Attack

The lawyer from Toronto who attacked a family in St. Thomas, Ontario, with a baseball bat and called them terrorists was under the influence of drugs during the incident, according to his lawyer and psychiatrist.

Mark Phillips, 36, pleaded guilty to one count of assault causing bodily harm in a St. Thomas court on Tuesday. He received a conditional discharge along with three years of probation.

He was initially facing a more serious charge of aggravated assault after the December incident but accepted the lesser charge.

As his mental health worsened in the months leading up to that day, Phillips smoked three or four joints before driving to London and then to nearby St. Thomas on December 7, 2017. Along the way, he got into arguments with people he thought were Muslims targeting him, his lawyer Steven Skurka told Justice John Skowronski.

A psychiatrist who has been treating Phillips since his arrest stated that the personal injury lawyer “had no insight that his marijuana use was affecting his mental state.” Once he stopped using marijuana, Phillips was able to think clearly again, according to the psychiatrist’s report.

In fact, it wasn’t until weeks later when he had been released from jail and the drugs had cleared from his system that Phillips watched the You Tube video of the incident recorded by the family.

Family attacked, called terrorists by man wielding bat

A family in southwestern Ontario faced an attack by a man wielding a bat who called them terrorists. Sergio Estepa is dealing with cracked ribs and significant bruising following this mall parking lot incident. Mark Phillips, 36, has been charged with aggravated assault and three counts of assault with a weapon.

In this video footage, Phillips is seen lunging at the Estepa family with wild eyes while brandishing a baseball bat.

“What I did was irrational, irresponsible and deeply unacceptable,” Phillips stated in a letter read in court. “I’m horrified and embarrassed and I feel ashamed.”

Family shares how attack left them ‘scarred’

Originally from Colombia, members of this family were speaking Spanish when confronted by Phillips in the parking lot. He shouted at them and lunged at them with a baseball bat while calling them terrorists and saying they weren’t welcome in Canada.(Left to right) Sergio Estepa, Nick Estepa and Mari Zambrano stand outside the St. Thomas courthouse holding art created by Nick as part of his victim impact statement. (Kate Dubinski/ )

Sergio Estepa moved to Canada 18 years ago seeking safety from violence but suffered cracked ribs after being struck by Phillips’ bat when he tried to protect his 13-year-old son Nick.

“I raised my son to be proud-to be proud of our ethnicity-because it’s up to us to build a better society,” Sergio Estepa said while addressing the court in his victim impact statement.Sergio Estepa sustained cracked ribs and bruises after being hit with a baseball bat swung by Mark Phillips. (Kate Dubinski/ )

Nick Estepa expressed feeling helpless during that moment.

“Watching my dad get beat by a baseball bat took my heart away,” he shared.

“Before this incident I was nobody in this town. Now I’m known as ‘the guy who was attacked with a bat.’ I don’t want that reputation,” Nick told the court.

Sergio’s wife Mari Zambrano also gave an emotional victim impact statement in court where she shared that their family has lived in fear since this event.

Zambrano mentioned she didn’t really want charges filed because she wished for closure on what happened; however it’s been consuming their lives since then.

“This scar will remain with us forever,” she told the court. “We came here seeking peace away from war and violence.”

‘This isn’t what Canada stands for,’ judge remarks

While delivering his sentence, Judge Skowronski commended the Estepa family for their bravery in speaking out about their experience.

“Canada is made up of immigrants from diverse backgrounds-different names, accents, skin colors-and that’s what shapes our nation,” he remarked. “Events like these tarnish that image.”

However he agreed alongside both Crown prosecutors and defense attorneys that what occurred wasn’t considered a hate crime; instead attributing it largely due to Phillip’s deteriorating mental health exacerbated by drug use prior to this incident-Phillips’ parents reported noticing increased paranoia along with strange delusions leading up until December’s events.

“To Mr. Estepa’s family-I must say that this isn’t normal behavior,” commented Judge Skowronski.” This represents an abnormality caused primarily due largely upon mental illness.”

Probation terms include community service

The three-year probation given to Phillips includes completing 240 hours volunteering within communities working alongside immigrants if possible as well as required counseling sessions; additionally he’s restricted from entering Elgin County unless for business purposes only.

This probation stipulates he’s prohibited from using any “non-prescription drugs or marijuana” even though it becomes legal later this summer. 

If completed successfully without violating conditions set forth – there won’t be any criminal record remaining against him post-probation term expiration period noted through information presented during hearing regarding current engagement already occurring via food bank volunteerism efforts cited throughout proceedings held thus far.

Crown prosecutor Lisa Defoe sought imposed suspension which would entail mandatory community service requirements yet also lead into establishing formal criminal records; nonetheless both sides ultimately concurred confirming determination asserting occurrence itself lacked motive derived purely fueled solely based prejudices associated therein requiring conviction aimed at incarceration penalties designated thereby imposed towards individual defendants facing trial processes here today.

Phillips comes from notable Toronto lineage

This case marks an important note regarding familial connections behind legacy ownership comprised strictly around one historic figure associated greatly within Toronto municipal governance – Nathan Philips – former mayor serving widely recognized via civic arena given honorific titles bestowing public squares found directly outside city hall named respectively thereafter honoring such individuals contributions made over years past culminating ongoing heritage legacies celebrating diversity integration across societies everywhere reflective parallels drawn relating places lived previously endured hardships faced long journeys taken migrating toward safer environments hoping find solace built together communities forged bonds strong enough withstand adversity encountered life choices taken earlier upon arrival point destination established afterward..

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