Canada
Victim beaten with artificial leg

Credits: LAURA CUDWORTH/QMI AGENCY

TONY RICCIUTO | QMI AGENCY

NIAGARA FALLS, ON -- A store owner who assaulted a customer with his artificial leg will return to court in November for sentencing.

Four people were charged March 17, 2011, after police were called to a disturbance inside the Gold'n Memories jewelry store. A passerby alerted cops of a possible robbery.

It turned out to be a dispute between the store's owner and a male customer that eventually involved the owner's son and another man who happened to be inside the store.

Store owner Pasquale Bagnulo, 57, was charged with assault with a weapon -- which turned out to be his artificial leg -- assault causing bodily harm, forcible confinement and possession of a prohibited device.

His son, Sean Bagnulo, 30, and the other man in the store were each charged with assault with a weapon, assault causing bodily harm and forcible confinement.

The 47-year-old customer was charged with assault.

Pasquale and Sean Bagnulo appeared in court Wednesday for continuation of their matter. At an earlier court appearance, the father and son entered guilty pleas on their charges.

Defence lawyer Angelo Fazari, who represented Sean Bagnulo, said his client was only involved in the incident for a short time. He should have called 911, he said, but ended up going to the defence of his father, who suffers from a number of medical issues and also has an artificial leg.

"After the leg came off, Sean did what any son would do to protect his father," Fazari said.

Defence lawyer Mark Evans, representing Pasquale Bagnulo, said his client has run a jewelry store in the city for more than 30 years. In 2001, he was involved in a motor vehicle accident that left him with multiple injuries, including a broken back, pelvis and wrist, and his lower leg was amputated.

At the time of the jewelry store incident, Evans said, Bagnulo was still having medical issues and was on medication.

Both defence lawyers presented numerous letters from character witnesses who said both men are well respected in the community and their actions that day were out of character.

The judge adjourned the matter to Nov. 7 for sentencing.

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