A Nanaimo man with no legs below the knee is expected to be sent to jail in the coming weeks after he used a wooden pole to assault a senior in a scooter.
James Leslie Kelman, 60, appeared in a Nanaimo courtroom on Wednesday in relation to a charge of assault with a weapon.
A sentencing hearing was delayed to allow Kelman to make preparations for what is expected to be a 120-day jail sentence.
Kelman requires the use of prosthetics after he lost his legs in a train accident as a child.
He had driven his truck to the King Arthur's Court apartment building on Fifth Street on Oct. 9, 2012 when the victim, a 73-yearold man in a scooter, approached his car.
The two know one another through family and had prior conflicts leading up to the event.
Kelman was seen by a witness soon after he arrived at the complex, beating the man with a wooden pole he retrieved from his truck.
The elderly man attempted to flee and was chased by Kelman until the fight was broken up by the witness, a resident of the troublesome apartment complex.
The Crown sought a year of jail time for Kelman, while his lawyer Michael Ritzker argued that a conditional sentence might be more appropriate.
"There's a long-standing animosity between these two," Ritzker said.
Provincial Court Judge Douglas Cowling said an aggravating factor in the case was that it involved a senior who attempted to flee, as well as the use of a weapon.
Kelman was scheduled to appear Sept. 3, to fix a date for sentencing.
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