A store clerk who allegedly used a baseball bat to hit a man who attempted to rob his convenience store is now facing a charge of aggravated assault, Peterborough police say.
In a news release issued Tuesday, the Peterborough Police Service said officers were called to a convenience store in the King Street and Bethune Street area around 2:30 a.m. on Jan. 5.
Upon arrival, officers learned that a male clerk was helping a customer when a second man entered the store demanding money and brandishing a baseball bat, according to the release.
"A struggle ensued and the clerk was struck with the bat before grabbing the bat away from the suspect," police said.
"The suspect then fled the store. The clerk followed the suspect out of the store and struck him several times with the baseball bat on the sidewalk."
Arrest warrant issued for 37-year-old suspect
Police said the man who allegedly attempted the robbery suffered head injuries and is in a Toronto hospital receiving treatment, while the clerk was treated at the scene by emergency medical services.A warrant for arrest was issued for the 37-year-old man who allegedly attempted the robbery for assault with a weapon, possession of weapon, and robbery, police said.
Meanwhile, the 22-year-old clerk from Peterborough was also arrested and charged with aggravated assault. He was held in custody and appeared in court on Jan. 6.
Peterborough police say they would also like to speak with the male customer who was in the store at the time of the incident.
'This case is unusual': police chief
Daniel Brown, criminal lawyer and past president of the Ontario Criminal Lawyers Association, said the public may have a hard time understanding these charges, as some might think the would-be robber "had it coming."The person that went into the store to commit the robbery had premeditated this," Brown said on CBC Radio's Metro Morning.
"The person who was defending themselves — there was no planning, there was no deliberation … so the courts are definitely going to treat this more leniently even if he's found guilty. There are a whole bunch of extenuating circumstances that will come into play."
Brown said the maximum sentence for aggravated assault is 14 years in prison, but that the circumstances in each case do matter when it comes to sentencing.
Peterborough police Chief Stuart Betts also responded to public criticism over the clerk's arrest on Wednesday, saying commentary critical of the arrest is unfair to his officers.
While noting that "this case is unusual," Betts — who has been Chief of the Peterborough Police Service for one year —said people should follow the case in court to see what led to the charges.
"This is not about politics — politics have nothing to do with the facts. This is not about race — as some have suggested. This is not about the perception that criminals go free while victims of crime are penalized — this is about the law," Betts said in a statement posted on X, formerly Twitter.
Police are asking anyone with information about the incident to call Peterborough police at 705-876-1122, extension 555, or Crime Stoppers at 1-800-222-8477.
https://www.cbc.ca/news/canada/toronto/peterborough-robbery-aggravated-assault-1.7079418 (Archive)
. They're being very careful to release any descriptions of either party, so you know the robber was black.
