|Trevor Middleton, in striped shirt. (Toronto Sun files)
TORONTO - Trevor Middleton has lost his final bid to overturn his conviction for a racial attack in which he rammed a car full of out-of-town anglers off the road in September 2007.
The Supreme Court announced Thursday it won't hear an appeal from the former Georgina, Ont., motocross racer who is serving a two-year sentence for criminal negligence causing bodily harm and aggravated assault.
Shayne Berwick, 28, was left with permanent brain damage after his friend's Honda Civic was run off the road by Middleton's pickup truck during a fishing trip near Sutton, Ont., located north of Toronto. Berwick and his friends, including some Asian-Canadians, were targeted by a group of locals who said they were going "nip-tipping" — a derogatory term used to describe frequent attacks against Asian anglers.
Berwick's stepmother said she spent a sleepless night before the Supreme Court announced that it wouldn't hear Middleton's argument that the trial judge shouldn't have included hearsay evidence about the confrontation being about race.
"Finally some good news for us," a relieved Terry Berwick said.
"He was just grabbing at straws."
Her son, a former electrician's apprentice, was left with the mental capacity of a three-year-old and requires 24-hour care after he was ejected from the car and hit a tree.
Friend Charles Hogan, 27, was also thrown from the car and can no longer work because of back pain.
Berwick's stepmother says she is now focused on attending a hearing in February to block Middleton's attempt at early parole.