No jail for $45K in damage

A Calgary man who caused $45,000 worth of damage at a Falkland gas station has avoided jail and will not have to pay any restitution.

Daniel James Nieviadomy, 28, appeared in Vernon provincial court Wednesday for sentencing after pleading guilty to one count of dangerous operation of a conveyance and one count of mischief to property over $5,000 stemming from a Nov. 11, 2022, incident.

Court heard Nieviadomy and his girlfriend pulled into the parking lot of the shop along Highway 97 and a second driver, Matthew Hephson, pulled in behind them. Hephson approached Nieviadomy with a hammer and smashed the driver’s side window, after which Nieviadomy reversed quickly to get away.

Instead of leaving the scene, Nieviadomy pulled around the parking lot, driving recklessly and hitting a gas pump. The pump was severed from its concrete base and Nieviadomy circled the lot before leaving the scene.

The gas pump repair cost $45,094.71.

Crown prosecutor Matthew Blow said Hephson’s reasons for approaching Nieviadomy remain unknown — something Judge Richard Hewson noted in his decision.

“All I can see is a man and his girlfriend who are suddenly approached by a stranger who commits violence against their vehicle and he panics,” said Hewson.

Nieviadomy was sentenced to 18 months of probation, during which time he must have no contact with Hephson and stay away from the Falkland Store. He must also write an apology letter to the store.

Nieviadomy is not restricted from driving and will not be required to pay restitution as part of his probation. Hewson noted the property owners could still sue Nieviadomy if they so choose.