Updated: Thu, 04 Apr 2013 23:25:30 GMT | By CBC News, cbc.ca

Stanley Cup rioter 'not too drunk' to be guilty, judge says



Stanley Cup rioter 'not too drunk' to be guilty, judge says

The first Stanley Cup rioter to fight the charges laid against him was not too drunk to be held responsible for his actions, a B.C. judge has ruled.

Spencer Kirkwood, 26, was charged with mischief and participating in a riot after he was caught on tape smashing the windows of a Telus building in downtown Vancouver during the Stanley Cup Riot of June 2011.

On Thursday, B.C. Provincial Court Judge Conni Bagnall found him guilty of both charges, along with a third charge of breaching his release conditions after he was caught drinking alcohol last May.

Kirkwood claimed he was so drunk he didn't remember anything, but the judge ruled Kirkwood's intentions were clear and he wasn't too drunk to understand he was doing something wrong.

Outside the courthouse, Kirkwood's lawyer Jonathan Waddington, said it's clear from a video played in court his client was intoxicated.

"You saw him stumble, when he was putting the board into the window, and in my view he was drunk, but he wasn't drunk enough in her view to decide he had enough of a defense," said Waddington.

A date for Kirkwood's sentencing hearing has not yet been set, but his lawyer said he'll ask for a sentence without jail time.

"In my opinion this is an extremely remorseful individual. He really was upset himself for what he saw himself do and he was probably one of the more sympathetic people I've seen with respect to rioters," said Waddington.

So far 198 people have been charged in relation to the June 2011 riot which broke out in downtown Vancouver after the Vancouver Canucks lost the seventh game of the Stanley Cup Finals to the Boston Bruins. More than 130 people have entered guilty pleas, and at least 65 have been sentenced.

With files from The Canadian Press

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Vancouver Riot suspects photos

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