Construction worker Michael Biemans deliberately hit a flagger with his truck following a run-in at a work site in November 2010, a judge ruled Friday.
Biemans, 43, was convicted of one count of assault with a weapon after a two-day trial in B.C. Provincial Court in New Westminster.
Biemans worked for a contractor on a New Westminster road-work site on Nov. 8, 2010, when the incident occurred.
Prosecution witnesses testified that Biemans was driving a company truck and turned off East Columbia Street on to Nootka Street, which was closed while road work was being performed.
The victim, Paul White, worked controlling traffic for B.C. Road Safe and stopped Biemans' truck using a sign.
Biemans was angry that he wasn't allowed to drive up the street and White heard swearing from inside the truck.
White explained why the area was closed and Biemans got partly out of his truck and said: "Get out of the f---ing way or I'll f---ing run you over."
When White still wouldn't let him through, Biemans drove up the hill, hitting White in the chest and knees. White backed out of the way and Biemans kept driving. White was not injured.
Biemans, who defended himself, called one witness to bolster his claim that he didn't hit White.
Lyn Busch, Biemans' passenger, said that, after the two men exchanged words, White slammed his fists on the hood of the truck while puffing out his chest.
But Judge Thomas Woods could see no reason for White to act in such a "bizarre" way in the face of an obviously irate driver.
Woods said Busch's testimony changed, that she had "true bias," and that he could not believe her evidence.
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