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A Sudbury man with a history of violence who attacked and injured a female security guard this summer has been sentenced to 10 months in prison.

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“I share the Crown’s concern that your prospects for rehabilitation at this time are not the most important (factor) to consider,” Ontario Court Justice Graham Jenner said , to Derby Turner, while considering the sentence to be inflicted. “There is a valid public safety concern here.”

The Crown asked Judge Jenner to impose a prison sentence of 12 months less pre-trial custody of 135 days.

The defense asked for a sentence of six months less this credit.

Instead, Jenner opted for a 10-month sentence minus credit.

In handing down the sentence, Judge Jenner cited Turner’s long criminal record filled with convictions for violence.

“I share Miss (Assistant Crown Prosecutor Sandra) Town’s concern that there is a real risk that you will pose a danger to others once released,” the judge said, calling a six-month sentence insufficient.

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Since Turner had been in custody since the mall attack, he has 165 days, or about 5.5 months, left to serve.

Jenner was denied a pretrial custody credit requested by defense attorney Sarah Cressatti on a 2-to-1 basis because of Turner’s mental health issues. He instead opted for the accepted standard of 1.5 credits to 1.

He also issued a one-year probation order that includes conditions that Turner have no contact with the mall security guard he injured, stay out of the New Sudbury Center and not possess no weapons.

Additionally, the judge issued an order for DNA testing and a lifetime weapons ban.

Turner, 25, had pleaded guilty to four charges stemming from the mall attack: assault causing bodily harm; uttering a threat to cause death; utter a threat to cause property damage; and violation of probation.

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He also admitted to threatening a police officer on September 25 while he was in custody at the Sudbury courthouse.

“I apologize to the people I hurt and I hope I can move on from this situation,” Turner said before being sentenced.

However, at the end of the case, Turner made several crude comments critical of the justice system, which continued even as he was led out of the courtroom by security personnel from the court. court.

Court heard Turner was at the New Sudbury Center causing a disturbance on August 2 when mall security guards approached and asked him to leave.

He refused and kicked one of the guards in the knee. The security guard is currently receiving physiotherapy treatment and may require surgery.

Turner also threatened Greater Sudbury Police officers and paramedics who responded to the attack.

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At the time of the incident, Turner was on probation.

“Security guards, police officers and first responders: they have to work in difficult circumstances,” Judge Jenner said. “They know they are putting themselves in danger. It is aggravating, in my opinion, that you injured a mall security guard while simply trying to make a living.

Turner’s criminal record, which Jenner called “long and voluminous,” includes prison sentences in Sudbury and North Bay.

“It is significantly aggravating,” noted the judge

Cressatti, in his sentencing presentation via Zoom link, said Turner had serious mental health issues and had problems with other inmates. However, he completed several programs while incarcerated, Cressatti told the court.

When he is released, she said Turner plans to live with his father and seek work in the trades.

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