In late March, a video went viral on social media of a man being beaten up. At the end of the video, he is attacked with a toilet bowl. About a week later, the victim, Mark Avilez reported the crime to police and today, 33-year-old Emmerson Garnett was arraigned on two counts of common assault and use of threatening words. Though Garnett pleaded guilty to both counts, the second charge was withdrawn, according to the law, the threats would have to be made in public for the charge to stick. In this case, the men were inside a yard.
However, today after the proceedings, Garnett told court reporter Anita Nembhard why he chose to plead guilty.
Emerson Garnett, Pleaded Guilty To Common Assault
"The reason why I plead guilty is because I didn't want to waste the court's time, I didn't want to waste my time because I have my job and I didn't want to lose my job."
Reporter:
"In my view, you watch the video, you saw the video right?"
Emerson Garnett, Pleaded Guilty To Common Assault
"Yeah I saw the video."
Reporter:
"The video look like you, the person look like you?"
Emerson Garnett, Pleaded Guilty To Common Assault
"Well the person doesn't look like me but at the end of the day it's me so I'll take the weight that came my way, once I do something I don't mind take the weight of it and I will take the consequence that comes behind it but besides that once I didn't do it I would have pled not guilty but I don't want to waste the court's time because I know I did it so I'll just take the weight of what comes my way cause I did it."
Reporter:
"You believe that was common assault?"
Emerson Garnett, Pleaded Guilty To Common Assault
"Yeah because I didn't use any weapon or anything like that, I just slapped the person, I just slapped the person about three or four times."
Reporter:
"How about the bowel? What do you have to say about the bowel?"
Emerson Garnett, Pleaded Guilty To Common Assault
"I don't really want to talk about that."
Back in court, the magistrate noted that the charge should have been more serious than just common assault. Garnett, who got off a murder in 2023, asked for leniency and was given a fine of $500, which he has until July 4th to pay, in default 3 months imprisonment.
In the original police report, Avilez stated that on the day of the attack, he received a WhatsApp message from his ex-girlfriend asking him to take food for her. When he arrived, he met two men, one of whom ordered him to kneel on the ground. The man began attacking him, and threatening to kill him. Avilez also stated that it was his ex-girlfriend who captured the entire ordeal.
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