A Victoria man has been sentenced to 6 1/2 years in prison for sucker-punching and seriously injuring a University of Victoria student behind the Strathcona Hotel last year.
Latto Simian Sesay became so enraged after he stepped into a back-alley puddle of urine that he decided to punish an unsuspecting Victoria man who had just relieved himself behind a dumpster, B.C. Supreme Court Justice Paul Walker found, convicting Sesay of aggravated assault.
Just after the bars closed on March 31, 2018, Sesay walked into the alley to look for friends. Instead, he spotted Brian Rowley, a 28-year-old UVic student, walking out of an alcove behind the hotel after he had urinated behind a dumpster.
Sesay stopped Rowley, then punched him in the face. Rowley was unaware the blow was coming. He fell backward and hit his head, sustaining a traumatic brain injury.
Before the attack, Rowley worked full time researching technologies to improve the lives of children and adults with autism. He was working on a master’s degree in community development.
At Sesay’s sentencing hearing, Crown prosecutor Jess Patterson asked for a prison sentence of six to eight years. Defence lawyer Neil Brooks asked for a sentence of two years less a day after credit for time served, noting Sesay has settled in a stable domestic relationship and is expected to find employment as an arborist.
But Walker imposed the lengthy sentence, citing the nature of the assault and the profound impact it has had on Rowley’s life.
“It was an intentional, unprovoked attack of significant force on an unsuspecting victim,” Walker said.
“Video-surveillance evidence makes it clear that the amount of force used by Mr. Sesay was powerful. Mr. Sesay pulled his right arm back and launched his fist at Mr. Rowley’s face … as a baseball pitcher might do with a sidewinder motion, bringing his right arm and right fist right up and directly into Mr. Rowley’s face.”
Walker also cited Sesay’s callous disregard for Rowley. He did not help Rowley after he fell unconscious to the ground. Instead, he left the scene, then turned and wagged his fingers at Rowley in a gesture of defiance.
Walker pointed to Sesay’s previous record of violence and the untruthful report he gave to police after his arrest to paint his victim in a negative light.
Walker said that while Sesay’s guilty plea and remorse were mitigating factors, that remorse was primarily focused on minimizing his own culpability.
“He continues to insist that he didn’t intend to hurt Mr. Rowley as much as he did,” Walker said. “What struck me from Mr. Sesay’s in-court statement was his continued failure to appreciate the gravity of the injuries he caused Mr. Rowley and the havoc he has wreaked upon Mr. Rowley’s life and that of his family.”
The judge also considered evidence from forensic psychiatrist Dr. Robert Miller, who found Sesay is at moderate to high risk to reoffend violently. Miller diagnosed Sesay with alcohol- and substance-abuse disorders, together with strong anti-social characteristics.
Before Walker imposed his sentence, Sesay told the judge he was sorry and that even though he has made mistakes, he’s made every effort to show he’s not at risk for future violence.
“I know I didn’t properly voice my remorse that it caused this level of harm to the victim,” Sesay said.
“I’m lost in this confusing pile of thoughts. There’s so much I want to say to you. I just got scared and nervous and didn’t voice it properly. … I don’t want to fight with people. I don’t want to hurt people. … This isn’t who I am,” he said, as his girlfriend sobbed behind him in the public gallery.
Sesay received credit for 574 days already spent in custody, which means he must serve almost four more years. During his time in prison, he must complete a violence-prevention program.
Walker also handed Sesay a six-month concurrent sentence for resisting and obstructing police that same night. Sesay was ordered to give a sample of his DNA.
