A man who spat a “loogie” at a truck driven by an off-duty cop, then got out of his Lexus brandishing a knife in a moment of traffic gridlock road rage, will avoid a criminal record for his actions after catching a break from a North Vancouver provincial court judge.
Jesse James Stanislaw Skierka, 25, was handed a conditional discharge Tuesday after Judge Bryce Dyer found Skierka guilty of assault with a weapon Sept. 8 following a trial in North Vancouver provincial court.
“This was a road rage incident,” said Dyer, describing Skierka’s actions as “stupid” and “aggressive.” But Dyer said he saw no reason to saddle Skierka with a criminal record for a “momentary lapse of judgment on his part.”
“I’m satisfied he has learned a lesson,” said the judge, adding, “Fortunately no one was hurt.”
According to Dyer’s earlier written decision in the case, the road rage incident broke out Jan. 27, 2015 around dusk, as Sgt. Sean Powell, a 19-year veteran of the RCMP, was driving an unmarked pickup truck across the Ironworkers Memorial Second Narrows Crossing after a day of work at RCMP headquarters in Surrey.
Powell was driving north in the middle lane of traffic just after the Cassiar Tunnel when a green Lexus driven by Skierka tried to cut in on the right. When Powell didn’t let him into the lane, Skierka passed traffic by driving on the paved shoulder of the road and cutting in quickly to the left, Powell testified during the trial. A few minutes later, the two vehicles found themselves side by side, stuck in bridge traffic gridlock. That’s when Skierka leaned across the passenger seat of his Lexus, stuck his head forward and spat on the fender of Powell’s truck.
When Powell moved his truck behind Skierka’s Lexus to get the licence plate, Skierka slammed on the brakes, Powell testified. Skierka then got out of his vehicle and pulled what Powell described as a knife from the driver’s side door cubby and moved toward him.
When Powell grabbed his police badge and yelled “police,” Skierka got back in his vehicle and drove away. North Vancouver RCMP eventually arrested Skierka as he turned on to Lonsdale Avenue, and impounded his vehicle.
Testifying in his own defence at the trial, Skierka told the judge he spat on Powell’s truck because he felt Powell had “disrespected him” for not allowing his Lexus to merge into the lane.
Skierka denied in court he grabbed a knife in the resulting confrontation, telling the judge he grabbed a glue stick instead.
But the judge didn’t believe him.
Dyer placed Skierka on probation for 12 months with conditions to attend anger management counselling if directed by his probation officer as well as complete 60 hours of community work service. If Skierka is carrying knives in his vehicle, they must be in the trunk, the judge added.
