A man accused of trying to kill his father and kept in jail for 13 months was released in March with just a 15-day sentence.
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Cheyenne Albert Smith Jr., 35, saw a judge withdraw his charge of attempted murder after extensive pretrial hearings and a multi-day trial.
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The self-represented Smith reached an agreement with the Crown to plead guilty to simple assault.
Last year, Six Nations Police had charged Smith with attempted murder after allegedly pouring gasoline on his father and throwing a cigarette at him.
Smith argued that it was not gasoline used in the incident but water.
Before his trial, Justice Colette Good ordered an assessment to ensure Smith was fit to stand trial and it was found he was.
Good allowed the man time to carefully consider his plea and the fact he was giving up his right to a further trial.
“I believe my father was hurt by me, feeling I poured a liquid on him and I threw a cigarette butt at him and I’m here to plead guilty to that,” Smith finally said.
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Even after the judge indicated she would not be pushing Smith to spend more time in jail, he continued to angle to have no probation assigned to his case, wanting to continue to see his father and sister.
“Your father is a vulnerable person and there is division in your family where you’re not able to get along with each other,” explained the judge.
“Your family situation is such it could be repaired, but it also may become volatile again so the probation of two years is not a punishment, but to provide your father and sister with a measure of protection.”
Smith was ordered not to be in possession of any weapons and to stay away from his sister.
He’s also ordered not to contact his father without permission communicated to his probation officer.
“Isn’t there any flexibility in it?” asked Smith.
“I know this is difficult for you (but) I’m not prepared to make my order more flexible,” said the judge.
“I hope that, at some point, you’re going to have that family harmony you wish for and everyone will change their mind about you. Then you can come back before me and I’ll change (the order).”
Charges of attempted murder, mischief and breach of a weapons prohibition were all withdrawn.
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