VANCOUVER (CP) - Canucks star Todd Bertuzzi received a conditional discharge Wednesday after pleading guilty to assault causing bodily harm for attacking Steve Moore in an NHL game.
The sentence - which carries the chance of no criminal record - was the one recommended by the Crown after Bertuzzi agreed to a plea bargain.
"I have concluded that the imposition of a discharge is not contrary to the public interest," said Judge Herb Weitzel.
The sentence also includes a year's probation. During that time, Bertuzzi may not play in any game against Steve Moore, the former Colorado Avalanche player he sucker-punched and left unconscious with two fractured vertebrae and other injuries in a game in March.
That may be moot. Moore is without an NHL contract and still has health issues from the assault.
Bertuzzi must also perform 80 hours of community service. If he complies with his community service and probation requirements, he will not have a criminal record.
In a six-page victim impact statement read in court Wednesday, Moore asked the judge to ensure he and Bertuzzi never share the same ice.
"I have no desire to interact with (Bertuzzi) in any way," Moore, who was not in court, said in the statement.
"If I'm ever able to play again, I would ask that Todd Bertuzzi never be permitted to play in any sporting activity I'm involved in."
Bertuzzi, who was present Wednesday, originally planned to plead not guilty and his trial was to begin next month.
Moore's statement painted a stark picture of revenge and vigilante justice in the game March 8 between the Canucks and the Colorado Avalanche.
Moore described in detail how virtually every Vancouver player threatened him verbally, telling him they were going to get him and that he was dead.
Moore had incurred the Canucks' wrath three weeks earlier when he knocked captain Markus Naslund out of the game with a hit that was not penalized. Naslund was sidelined for three games with a concussion.
Moore said in the third period of the March 8 game, the Avalanche had an 8-2 lead and "the next thing I knew, I was in a dark room with a neck brace."
"I was not sure if I was awake or asleep."
Bertuzzi charged up the ice, grabbed Moore's sweater from behind, then slugged him with a roundhouse punch. The two players fell, with the much larger Bertuzzi landing on top of the already limp Moore, driving his head into the ice. Other players jumped into the melee while Moore lay motionless. He was later stretchered off and taken to hospital.
"I was told I had a broken neck. My heart was in my throat. My parents and brother and girlfriend watched on TV. They waited in terror and prayed."
Moore, who was in his rookie NHL campaign, said the last thing he remembered was that he had been playing in a hockey game.
It was Moore's first statement on the incident since a news conference in Denver on March 29. He has scheduled another news conference for Thursday in Toronto.
The court also heard from Bertuzzi in a videotaped statement played in court.
In it, a composed Bertuzzi wished Moore a speedy recovery and said he recognizes what he did was wrong and that's why he pleaded guilty.
He said he loves hockey and admits he is an aggressive player.
"I don't think of myself as a criminal," he said, but it's important for people to know that certain violent conduct has no place in hockey
"I hope I can repair some of the damage I've done."
Bertuzzi's calm taped statement contrasted to his sobbing apology to Moore days after the hit.
Moore's Toronto lawyer said a civil suit against Bertuzzi hinges on whether Moore can recover his health and his NHL career.
Court heard doctors' reports that Moore continues to have reduced sensation in his right shoulder, problems with short-term memory, reduced energy levels, mood variability and dull headaches.
Wednesday's plea bargain angered Moore's lawyers, who said it came as a surprise and gave Moore no chance to travel to Vancouver to deliver his victim impact statement to the court in person.
Moore's lawyers asked that sentencing be put off to January, but the judge ruled the court would be satisfied with having his statement read into the record. The court also heard statements from each of Moore's parents.
In his statement, Moore said he's not sure he'll ever be able to continue in the sport he loves.
He said the attack had a severe financial impact on him because the next season would have been a breakthrough year for him in terms of larger salary.
Moore is now a free agent with no contract and no offers. His situation has been further muddied because of the ongoing NHL labour dispute and the likelihood the entire 2004-2005 season will be cancelled.
Bertuzzi was charged June 24 after Moore suffered a concussion and two broken vertebrae, among other injuries.
The NHL suspended Bertuzzi for the rest of the regular season and the playoffs, a ban that cost Bertuzzi $501,926.39 US of his $6.8-million salary last season. The Canucks were also fined $250,000.
Bill Daly, the NHL's executive vice-president and chief legal officer, said the league expects Bertuzzi to ask for a quick hearing to reinstate his playing status.
Bertuzzi, whose contract with the Canucks extends for another three seasons, may have to go overseas to resume his career with the NHL season on hold due to a labour dispute.
The attack was witnessed by thousands at the game in Vancouver and was aired repeatedly by CNN and other networks. It was also shown in court Wednesday.
Prosecutor Garth Loeppky said the Crown is unable to prove beyond a reasonable doubt that Bertuzzi's punch has had a long-term effect on Moore's possible return to the NHL.
"If his career is over, the Crown can't prove that," Loeppky said.
He presented medical evidence gathered from various doctors since the punch was thrown in March.
Loeppky said the spinal damage is no longer a factor and soft-tissue damage continues to improve, but Moore still suffers from post-concussion syndrome.
"He has good days and bad days," said Loeppky.
His physical activity is still minimal and consists mostly of light workouts.
"He has not returned to skating or hockey," Loeppky said.
One of Moore's doctors had expressed serious concerns about Moore's neurological health and indicated there was a possibility of brain damage.
But Loeppky said the physician was relying on a seldom-used medical procedure that involves measuring electrical impulses. The procedure is not well-known, so the Crown did not rely on that doctor's opinion to determine Moore's prognosis.
Since being acquired by the Canucks in 1998, the six-foot-three, 245-pound Bertuzzi developed into one of the NHL's premier forwards.
He had a career-best 97 points and 46 goals in 2002-2003 and was scheduled to make $7.13 million this season as part of a four-year, $28-million contract.
He received a warm reception by the crowd at a charity hockey tournament earlier this month in Vancouver and other B.C. cities.
The tournament raised $1 Cdn million for Canuck Place children's hospice and other B.C. charities.
Bertuzzi teammate Brad May, speaking by phone from his family's Ontario cottage, wished Bertuzzi luck and said he expected his friend to come out of it a better person and player.
"This guy has a lot to offer the game of hockey, and people. I think people have seen inside this guy over the last number of months and have to realize it's been a difficult time for him but he's going to be OK," May said.
"I just want Todd to be able to go out of his house, to be a normal guy, a regular guy, and touch the people like he touches his buddies. I expect that to happen. I hope it happens sooner than later."
There is more litigation down the line for the NHL.
Atlanta Thrashers star Dany Heatley faces charges of vehicular homicide and five misdemeanours from the car crash in suburban Atlanta last year that resulted in the death of Heatley's friend and teammate, Dan Snyder.
If convicted, he faces one to 15 years in prison on the homicide charge and 20 years if convicted on all six counts.