War veteran beaten blind

By KATHY BOCKUS
kathy@stcroixcourier.ca

ST. STEPHEN – “If you think I’m scared, you’re messing with the wrong guy.”
That’s what one witness heard 84-year-old Second World War veteran Herbert Matthews say to an intoxicated 21-year-old Christopher True before True viciously beat him the night of Aug. 23, leaving him dazed, broken and bleeding on the wharf at L’Etete while he stole his truck and drove off with another man.
According to that same statement, Matthews also told True, “Don’t make the mistake I’m scared,” before getting out of his truck to confront the much younger, and much larger man.
True has been remanded back to jail until Nov. 10 when he will be returned to court for sentencing on four charges connected to the brutal beating that has left Matthews severely battered and, according to his optometrist, legally blind.
True is charged with assault causing bodily harm, impaired driving and stealing a motor vehicle valued at over $5,000. He is facing an assault charge after punching Sheldon Conley, who tried to come to Matthews’ aid. True is also charged with break, enter and theft into a cottage at Richardsonville, Deer Island. It was after his return from Deer Island where ferry workers had to lock him in the ferry’s passenger lounge for the journey because of his assaultive and confrontational behaviour that True assaulted Matthews.
Also charged with break, enter and theft into the same cottage is Joshua Anthony Fraser, 18, of St. Stephen. He is scheduled to be sentenced on Nov. 10 and has been released on a form of house arrest until that date.
Fraser was initially thought to have participated in the assault on Matthews, but all the witnesses, as well as the victim, have stated he did not attack Matthews.
However, Crown prosecutor Randy DiPaolo has not withdrawn the assault causing bodily harm charge, or the assault charge laid in connection with the attack on Sheldon Conley, saying that the evidence in this case has been evolving and he wants to wait until the disposition of the matter as it relates to True before withdrawing those two charges against Fraser.
“It is clear in all witness accounts that Fraser did not commit any assault on Matthews,” said DiPaolo.
Matthews is recovering at his home under the care of his daughter, Elaine Cook. DiPaolo told Provincial Court Judge David C. Walker that Matthews is facing eye surgery as doctors attempt to regain some of his sight for him.
DiPaolo told the court that Dr. Michael Murphy, a local optometrist who has treated Matthews, said Matthews had a vision of 20/30 in his left eye, noted in an examination which took place in May of this year, but since the beating the vision in that eye has deteriorated to 20/400, or legal blindness.
Matthews had already lost what the doctor described as the functional sight in his right eye.
The optometrist said an intraocular lens implanted in Matthews’ left eye has “most certainly become dislodged as a result of injuries sustained to his face”.
The doctor stated the results of the attack on Matthews are “life changing.”
The doctor has arranged for an eye surgeon to evaluate Matthews and said he may be facing surgery. How much sight Matthews could regain in his left eye has yet to be determined, said the doctor.
DiPaolo told the judge he intended to provide him with an up-to-date report from medical personnel on the extent of Matthews’ injuries. Meanwhile, he read aloud a summary prepared by Matthews’ daughter, who has been her father’s primary caregiver since the beating and has attended all her father’s medical sessions.
Cook said her father experiences dizziness when he moves, is confused and his short-term memory seems to be lost.
He suffers from pains in his head over his eyes and on the top of his head, she said, and has a broken nose, a fractured left cheekbone, six stitches on the left side of his nose, stitches in front of his left ear, and his left jaw is so painful that he has trouble eating.
His left eye is swollen shut, the lens within it dislodged and he cannot see. He has many abrasions on his scalp and face, several of which are deep. Matthews’ right elbow has a large swelling on the outside and deep bruising on the inside. His right hip is so painful that he can’t put his weight on it to sit.
Cook said the left side of her father’s body is severely bruised from chin to waist, and he suffers from severe abdominal pain. She said he has nightmares, calls out through the night, moans, and is fearful, afraid of repercussions.
DiPaolo said he watched an interview of True giving his statement to police and there’s no doubt in his mind True had a hard time recollecting the events of that night.
True’s lawyer, Peter Teed, told the court that True, still to this day, does not believe he kicked Matthews and still insists he only hit Matthews once.
Teed called the case a “sad set of circumstances” noting it involved a lot of “what ifs?”
“What if somebody had stayed in the truck, what if somebody had not been so drunk?” offered Teed.
Teed said the incident was “a horrendous occasion” that would affect two people, one at the beginning of his life, the other at the other end.
Witness statements read to the court by DiPaolo relate how motorists sitting in their vehicles at the L’Etete wharf, waiting for the Deer Island ferry, were approached by Fraser and True asking for money, use of a cell phone or cigarettes.
They tell of seeing Matthews, whom most of them know, arrive at the wharf. His grandson told police Matthews goes to the wharf, from where he used to fish, everyday. Days after the attack, Matthews was finally able to tell police he was there that night waiting for some friends. He had candy for their wives who had invited him to dinner. He can’t recall how he got out of his truck or the beating afterwards.
Witnesses told of seeing True approach Matthews in his truck, of hearing words exchanged and then seeing Matthews get out of his truck.
One witness said he heard True tell Matthews, “I’m 50 years younger than you, that’s what’s wrong with me,” and then, “I’ll give you two free swings.”
After that, the man said he heard a thump and one man was on the ground.
In his statement to police, True described Matthews as being five feet, nine inches tall, and weighing about 170 pounds. He also told them he thought Matthews was 50 years old.
A female witness who tended to Matthews after he was injured, said the senior had blood on his face and one arm when she reached him. She said she leaned down and stroked his head, telling him he would be okay. The witness said Matthews was distraught and at one point said, “Lord, I need someone to help me.”
At one point, when the woman looked at Matthews she thought he was missing an eye.
The woman’s daughter, who was in her parents’ vehicle, began screaming, “He’s back, he’ll hurt you, he’s coming down,” when True reappeared on the scene.
The woman said she started praying for protection and was grateful when an RCMP officer arrived.
DiPaolo said after the assault on Matthews, True got into the driver’s seat of the truck, Fraser got in the passenger side and they left the wharf area. But a short distance up the road, True struck a sign and the truck left the road. One of his sandals was found on the truck on the driver’s side and one of Fraser’s sneakers was found later in the truck.
When police arrived at the accident scene all the truck lights were on but no one was in the vehicle. The vehicle is a write off.
Another 911 call, the third in just a few minutes, told police one of the people involved in the assault was back at the ferry landing. The RCMP officer raced to the wharf and saw True. She described him as intoxicated. After he was taken into custody, True produced breathalyzer readings of .16 and .17, twice the legal blood alcohol limit of .08.
True told the officer who arrested him at the wharf that he hadn’t done anything.
In connection with the break and enter charges against True and Fraser, DiPaolo said police were investigating a break and enter into a cottage on Deer Island where a number of bottles of liquor were stolen and some food was missing. He said Fraser’s fingerprint got left behind.
Judge Walker said that since the Crown would, in all probability, be withdrawing the two assault charges against Fraser, he would consent to a request from John King, Fraser’s lawyer, to relax the strict house arrest conditions under which Fraser had been previously released.
King told the court St. Stephen High School would not let Fraser attend classes.
Fraser must remain in his mother’s home at all times except for between 2 p.m. and 7 p.m. on Fridays, Saturdays, Sundays and Mondays.
Fraser is not to be in the presence of anyone with a known criminal record and is to allow access to his home by the RCMP at all times. He must remain in New Brunswick and provide the RCMP with any change of address.