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B.C. Supreme Court orders man who beat boy to pay $34,250 in damages

Rafal Ger/for The Globe and

A man who beat a 13 year old into unconsciousness, causing the boy double vision years after the assault, has been ordered to pay more than $30,000 in damages.

But that's not as much as the man's friend paid after he agreed to an out-of-court settlement involving the same assault.

Daniel Bolen had earlier pleaded guilty to a charge of aggravated assault after he beat the boy near Nelson, B.C., in July 2004.

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Court heard the boy, Dylan Plishka-Humphreys, was with a friend who had fired a ball bearing from a slingshot at Bolen's window, shattering it and enraging Bolen.

As Plishka-Humphreys was apologizing, Bolen stepped towards the boy and "hit him in the face with considerable force," wrote Justice Frank Cole in a ruling released this week.

"He (Plishka-Humphreys) was struck in the head and face. He was in and out of consciousness and was in shock. He thought that he was going to die."

Cole wrote that the man with Bolen, James Ricard, removed a hatchet from Dylan's belt and said "You're going to juvie – assault with a weapon."

Plishka-Humphreys suffered a broken tooth and had to have surgery to his right eye. He was hospitalized for 2 1/2 days and court heard he continues to suffer from double vision and has suffered night terrors.

An occupational therapist told court that his vision problems and post-traumatic stress disorder means there are some jobs Plishka-Humphreys will never be suited for, but Cole noted Plishka-Humphreys is pursuing a career as an artist.

The judge assessed aggravated damages of $50,000 and assorted other costs to a total of $84,250.

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But Ricard had already settled for $50,000.

Coled said Bolen must pay the rest – $34,250 – as well as court costs, which will be determined later.

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