ANTIGONISH: An Antigonish man must financially compensate a former companion whose jaw he broke when they were teenagers.
In Justice John Bodurtha’s written decision, which was released August 26, he suggested this was a case about two teenage boys and their pride; pride that ultimately resulted in an altercation that ended their friendship.
“Scrosati’s pride got the best of him and he hunted down Jewkes to engage in another fight,” he said. “When Jewkes did not accept the invitation to hit Scrosati or choose to retreat, Scrosati felt he had no other choice but to hit Jewkes.”
On the evening of July 1, 2015, Creighton Jewkes and Pablo Scrosati were celebrating their graduation from Dr. John Hugh Gillis Regional High School in Antigonish.
Court documents reveal Jewkes had embarrassed Scrosati, in front of a couple of young female friends, by challenging his knowledge of First-Aid, and this made Scrosati angry.
They both left the party close to midnight and went to The Wheel Pizza & Sub Shop, and after a minor skirmish, the pair found their seperate ways back home, however Scrosati continued to simmer over his confrontations with Jewkes to the point where he engaged in heated text messages.
The exchange resulted in Scrosati leaving his residence at approximately 2 a.m. and walking to the residence where Jewkes was spending the night. The two then engaged in a fight that mainly involved them wrestling and rolling around on the ground.
Jewkes had Scrosati pinned up against a tree in a submission hold – he got up – and said, “We are done. This is over, let’s go inside,” and turned his back to Scrosati, who got up and went after Jewkes, who by then was about 20-feet away.
Standing face-to-face, about a foot apart, staring at each other, Scrosati said, “I am going to count down from three and, if you don’t hit me, I am going to hit you.”
The records state Jewkes did not react; he did not retreat, he did nothing, his arms remained by his side, and although he did not want to back away and “lose face,” he also believed his friend would not hit him.
Scrosati counted down, “Three-two-one,” and then unleashed a punch, breaking the left side of Jewkes’ jaw and dropping him to one knee – resulting in Scrosati yelling, “You didn’t think I would do it, did you?”
As a result of the punch Jewkes couldn’t close his jaw, two of his molars were dislodged and x-rays revealed his jaw was broken in two different places. He has since required five surgeries to repair the break.
Justice Bodurtha determined even though it was clear Jewkes provoked Scrosati at the beginning of the night through his actions, the punch that broke Jewkes’ jaw happened nearly two hours later.
“Scrosati then took it upon himself to attempt to engage Jewkes in another fight. He ran up to him, spun him around, slapped clothing out of his hands and blocked his entry into the house,” the judge said. “He counted down from three and hit Jewkes, breaking his jaw. This was not a consensual fight.”
Bodurtha’s decision reads Jewkes’ jaw no longer closes properly, his lower lip has 60 to 70 per cent sensation, and his chin has no sensation.
He ordered Scrosati to pay Jewkes $20,000 in damages, plus another $3,553.68 for expenses related to his medical care, and $13,881.34 to the provincial government for the cost of Jewkes medical care.