Chef broke man’s jaw

A chef who broke a man’s jaw in a gas station brawl has escaped jail. 

Michael Fischetti, an executive chef at Ortanique restaurant in Camana Bay, was given 120 of hours community service after being convicted of wounding Edenis Rives. 

The chef had been “drinking to excess” and his actions were “out of character,” Justice Malcolm Swift said as he delivered sentence in Grand Court on Thursday. 

He said Fischetti had lost his temper and “taken a swing” at Rives, who was knocked out by the blow. Though the level of injuries passed the threshold for a custodial sentence, Justice Swift said a jail term was not necessary because of Fischetti’s previous good character and the “considerable degree of provocation” involved. 

The chef was also ordered to pay his victim’s medical bills, which ran to $3,600. 

Fischetti was convicted of wounding but cleared of the more serious charge of wounding with intent to cause grievous bodily harm after a three-day-trial in February. 

Justice Swift said Fischetti saw the victim and another man hugging his girlfriend in an innocuous exchange at the Esso Station on West Bay Road in the early hours of March 16 last year. He “completely misread the situation” and was “provoked into a jealous reaction,” the judge said. 

Fischetti jumped from the taxi, where he had been waiting, and threatened to kill the two men, sparking a fracas, during which several punches were thrown by various people present. 

Some of the brawl was caught on the gas station’s security cameras.  

The footage showed Fischetti pursuing Rives out of the camera’s range, at which point he is said to have delivered the blow which knocked Rives out and broke his jaw. The defendant woke up in hospital with no recollection of the incident. 

The judge, in his ruling in February, said he was satisfied that, although the defendant had been punched himself, he was not acting in self defense and had pursued Rives across the Esso forecourt while he was “retreating,” before punching him with enough force to knock him out. 

He said he was satisfied that it was a “wild swing” and there had been “no specific intent” to cause serious injury. 

Delivering sentence on Thursday, Justice Swift said a community sentence was appropriate, partially because of the degree of provocation. 

“I am quite sure we won’t ever see you here again, put this behind you,” the judge told Fischetti. 

The chef was also ordered to pay his victim’s medical bills, which ran to $3,600.