'I wasn't in my right mind': Man pleads guilty to 2nd assault on Winnipeg Transit staff

A Winnipeg man previously convicted of assaulting a Winnipeg Transit employee was convicted for a second similar offence on Thursday and sentenced to five months in jail.

Provincial court Judge Dale Harvey sentenced Howard Wavey to 150 days in jail for drunkenly assaulting a Winnipeg Transit supervisor on Aug. 22 who asked him to leave. At the time, Wavey had been banned from riding the bus due to a previous assault on a transit employee.

With credit for 140 days served, Wavey, 53, was scheduled to be released in early December.

"I wasn't in my right mind," said Wavey, who appeared via video feed from jail. He pleaded guilty and apologized.

The judge said Wavey has been convicted of at least 10 assaults in the past, including several this year.

"The last two assaults were on transit employees," said Crown lawyer Nick Saunders. "This is very concerning not only for employees … but also the people who have to ride the bus, and this is putting them in harm's way." 

Wavey was convicted on May 11 in relation to another assault and restricted from being intoxicated in public for two years. And on June 29, he was convicted for assaulting the first transit employee. Transit banned him from riding for one year, court heard.

The August incident

Wavey, who has struggled with alcohol abuse for years, had completed an addictions treatment program early this year and had been sober for a five-month period before the Aug. 22 incident, his defence lawyer Scott Paler said. He also had a stable living situation, "which wasn't the case for a long time," Paler said. 

People who drive buses for a living shouldn't be assaulted, or their supervisors who get called in to help.- Judge Dale Harvey

Wavey lives with lingering cognitive impairments after he was hit by a truck in 2016 and spent two weeks in a coma with brain injuries, Paler said.

"He doesn't function quite the way he used to," Paler said.

Prior to boarding the bus on Graham Avenue at Garry Street the day of the August incident, Wavey had been out drinking and celebrating with his sister because one of their other sisters had just pulled through a successful surgery for ovarian cancer, court heard. 

He got on the bus without paying the fare, and the bus driver radioed a nearby transit supervisor to help remove him. 

Wavey punched the supervisor in the abdomen, ran off the bus and was quickly arrested by Winnipeg police, court heard.

No fare

Paler said it was wrong for Wavey to hit the supervisor, but he argued Winnipeg Transit's internal policy dictates that riders can board buses even if they can't cover the fare, so it's unclear why he would be asked to leave.

"It doesn't appear that he was causing a disturbance," Paler said.

"Admittedly, he wasn't able to pay the fare. He had consumed some alcohol, but I'm not sure that that — given the policies that are in the place — explained why he attracted the attention that he did." 

Admittedly, he wasn't able to pay the fare. He had consumed some alcohol, but I'm not sure that that — given the policies that are in the place — explained why he attracted the attention that he did.- Scott Paler, Howard Wavey's defence lawyer

Craig Gill, chief inspector for Winnipeg Transit, oversees front-line supervisory staff. He explained the policy is meant to help operators "disengage themselves [from] stressful situations or potential assaults."

"What the policy states is … if you get into a situation where it could turn into a conflict for the operator, we ask them to disengage, ask the person to pay double next time and then hopefully that will disengage the whole situation," Gill said.

He said it's the responsibility of bus operators to inform transit supervisors of intoxicated persons or potential conflicts, which is what happened in this case, Gill said.

'I didn't bother anybody'

Wavey admits to having not paid the fare, but said he was minding his business so he doesn't know why the bus driver didn't just let him stay.

"This thing wouldn't have happened if I wasn't told to leave. I didn't bother anybody. I was just stressed out about my sister," Wavey said.

"I shouldn't have act like that, but I wasn't doing anything wrong to anybody. But it's my fault."

I shouldn't have act like that, but I wasn't doing anything wrong to anybody. But it's my fault.- Howard Wavey

Judge Harvey said though Wavey was stressed about his sister, he has shown a pattern that tends "toward anger and violence" when things don't go his way.

"You may not be fully cognizant of your impact on other people," the judge said. "When people see someone very intoxicated they tend to avoid the person because there's a likelihood of trouble starting, and it would seem based on your history that's indeed the case."

Wavey has been convicted of at least three weapons offences and assaulting a peace officer since 2009, Harvey said.

No court-ordered transit ban

Judge Harvey decided on a five-month sentence, but the Crown sought a nine-month sentence and two-year suspension from riding transit as part of his probation given Wavey's record.

"He's kind of given up his right to ride the bus," Saunders said.

Paler argued Wavey "has no alternatives" because he doesn't drive, can't afford to take cabs and will need some way to get to mandatory probation appointments upon release.

You're going to be out in a few days, sir. Don't assault anybody, let alone don't assault someone who's doing you a favour.- Judge Dale Harvey

The judge did not impose a court-ordered ban, though acknowledged Winnipeg Transit's own one-year ban remains in effect.

"People who drive buses for a living shouldn't be assaulted, or their supervisors who get called in to help," Harvey said.

"You're going to be out in a few days, sir. Don't assault anybody, let alone don't assault someone who's doing you a favour."