Hamilton man sentenced to time served and ordered to seek medical treatment after jailhouse beating

A 34-year-old man was released from custody and ordered to attend a medical facility within 24 hours after he attended court with a significant injury he claimed was the result of being assaulted at the Thorold jail.

Tyler Barberstock, a resident of Hamilton, appeared in Ontario Court of Justice in St. Catharines on Tuesday and pleaded guilty to several charges including obstruct police and break and enter.

While the Crown asked for six months in custody, the defendant's lawyer advocated for a sentence of time served, telling the judge her client was jumped" by several fellow inmates at Niagara Detention Centre on Monday and had suffered a broken orbital bone.

Judge Joseph De Filippis noted the offender's eye was bruised, swollen and bleeding" and imposed a sentence of time served, which takes into account the time he had spent in pretrial custody, which was the equivalent of 98 days.

Barberstock was placed on probation for two years and ordered to go to a medical facility within 24 hours.

On May 2, court was told, Barberstock was a passenger in a vehicle travelling on Detenbeck Road in rural Niagara Falls.

The vehicle lost control and entered a ditch. He then walked to a nearby home and several items were stolen from a nearby property.

The homeowner called police and Barberstock fled on foot, later jumping into the Niagara River in attempt to evade capture by law enforcement.

He was arrested following a brief struggle with police and taken to hospital for treatment of an injury he sustained after jumping into the river.

An investigation revealed Barberstock and the co-accused had earlier that day driven a vehicle through a gate at Legends on the Niagara golf course. The duo smashed a door at a maintenance building and attempted to steal a television.

This behaviour is completely unacceptable ... he has no respect for law enforcement, or the law," said assistant Crown attorney Miruna Birsan. He needs to be deterred by spending more time in jail."

The judge noted the offender has a lengthy criminal record.

You've lived the life of persistent criminality for a young man," De Filippis said.

A six-page record, he added, suggests the man has utter disregard" for court orders and the welfare of fellow citizens."

Alison Langley is a St. Catharines-based reporter for the Niagara Falls Review. Reach her via email: alison.langley@niagaradailies.com