A provincial court judge in Prince George sentenced a personal trainer to a 12-month conditional discharge on Tuesday, Feb. 25 for a road rage incident more than two years ago.
Stefan Jordan Cloutier, 34, had pleaded guilty Dec. 18 to one count of assault causing bodily harm for the incident outside Spruceland Mall.
“Frankly, this would be a case where an absolute discharge would be appropriate, given I do not see the need for any terms necessary to protect the public or to rehabilitate Mr. Cloutier,” Judge Cassandra Malfair said. “However, given that level of fear expressed by (the victim), I find a conditional discharge with protective conditions to be appropriate to provide her with peace of mind.”
Court heard that while Cloutier was waiting for a driver towing a gooseneck trailer to pass so he could enter the mall parking lot on Oct. 5, 2022, another driver honked, gave him the middle finger and yelled profanities. After parking, Cloutier walked toward the woman, who threw a cup of coffee that struck him in the face.
“Mr. Cloutier then threw a punch at (her), striking her in the cheek and shoved her onto the ground. He then left. (The victim) suffered a bruise on her cheekbones, had an abrasion on her knee and an abrasion on her shoulder from the fall,” Malfair said.
Additionally, the woman was frightened, traumatized, suffered post-traumatic stress disorder and had to change gyms, court heard.
Malfair said Cloutier is generally of good character with no history of violence and no criminal record. He was in poor mental health at the time, under treatment from a psychiatrist and psychologist.
“Had Mr. Cloutier reached for his phone and called the police instead of throwing a punch, the outcome may have been very different,” Malfair said.
Malfair said a psychological assessment found Cloutier a low risk to reoffend. Prior to pleading guilty, he took steps to rehabilitate himself.
“I agree that it is important for the courts to denounce acts of road rage, which all too often are catalysts for violence amongst otherwise peaceable members of the public,” Malfair said. “However, again, it was (the victim) who was the instigator of the road rage, first by honking her horn to chastise Mr. Cloutier for being a safe, conscientious driver. Then, secondly, by assaulting him without provocation.”
Earlier, Cloutier told the court that he regretted the incident. He said he was at the lowest point of his life, but has since “put all my effort into building myself back to a productive member of society again.”
“Now I help people live happier, healthier lives for a living and want to be able to continue to pursue these endeavours,” Cloutier said.
A conditional discharge means Cloutier will not have a criminal record if he follows the judge’s order to have no contact or communication with the victim. He must leave immediately if he finds himself in her presence, except while he is working at the gym.
