A 22-year-old Owen Sound man who admitted to vandalizing the Owen Sound Muslim Association on back-to-back nights this past summer due to bias based on religion will not serve any jail time.
Justice Julia Morneau ordered a 45 day conditional sentence, 18 months probation and 200 hours of community service for Brandon Hodder at an Ontario Court of Justice sentencing hearing in Owen Sound Wednesday.
The crown submission was for a 45 day custodial sentence, two years probation and restrictions preventing Hodder from being within a certain proximity of both the mosque and Popeyes.
The defence had asked for a suspended sentence, 18 months probation and 200 hours of community service.
Hodder, who had no previous criminal record, pleaded guilty to two counts of mischief motivated by religious bias in October and admitted he threw food items such as eggs and condiments at the mosque on 7th Street East on July 12 and 13, 2019.
He also pleaded guilty to a third mischief charge for throwing food items onto the windows of a restaurant on 16th Street East, Popeyes Louisiana Kitchen.
Justice Morneau said typically crimes against a religion motivated by bias will result in a jail sentence, even when the offender is young and has no prior criminal record.
She said while a suspended sentence is an option, a clear message is required to be sent to others of like or misguided minds — and throwing food waste products at a religious building is a sign of disrespect that must be denounced in clear terms.
“A custodial sentence is warranted,” Justice Morneau said. “However, I am satisfied that this sentence can be served in the community as a conditional sentence order.”
Justice Morneau described a presentence report as positive and said letters of support for Hodder describe him as a polite and quiet young man who's conduct during these incidents was out of character.
“I accept that Mr. Hodder is genuinely remorseful for his actions,” Morneau said. “He is prepared to accept his fate and does want to give back to the community.”
Defence lawyer Michael Martin submitted in a hearing last month Hodder wants to make amends and is embarrassed by what he did. He said Hodder wants to do community service for the mosque and give face-to-face apologies to those he victimized.
Waleed Aslam, a congregation member at the Owen Sound Muslim Association, said in an interview to his knowledge there has been no effort at this point by Hodder or his legal representation to contact the Owen Sound Muslim Association to inquire about doing community service at the mosque, as his counsel indicated was his desire in sentencing submissions.
But, Aslam said it is something he expects the Owen Sound Muslim Association to be open too.
“I chalk this up to a night of bad actions or misguided actions,” Aslam says. “We don't have any grudges or anything we hold in our hearts. Depending on the sentencing terms he's more than welcome if he ever wants to connect. We'd meet him with open arms. We definitely want to forgive.”
“We feel the actions he made don't necessarily represent who he is from what we've heard,” Aslam says. “If something like that could be worked out, it's something we would consider.”
Some terms of the conditional sentence include Hodder must not leave his residence between 9 p.m. and 6 a.m., not attend the Owen Sound Muslim Association or Popeyes Restaurant and not consume any alcohol or illicit drugs.
Justice Morneau read facts of the case to the court Thursday. Hodder was caught on video in the early morning hours of July 12 throwing food items at the windows of Popeyes Louisiana Kitchen. At 2:20 a.m. the same day he was also recorded throwing food items such as eggs and condiments at the exterior of the Owen Sound Muslim Association.
Hodder returned again the next day just prior to 4 a.m. to throw eggs and mustard at the mosque.
Video recovered in the police investigation also showed Hodder driving by the Muslim Association five times in the early morning hours of July 15, a couple days after the repeated acts of vandalism.
Justice Morneau said Hodder gave an inculpatory statement to police. She said he expressed negative feelings towards the Muslim religion and culture. Hodder wanted to apologize for his behaviour and his apology was without reservation.
Hodder was under the influence of alcohol while committing the acts of mischief.
