VANCOUVER (NEWS1130) – A Stanley Cup rioter who was caught on video smashing a window with a barricade won’t go to jail.

Spencer Kirkwood will serve his sentence in the community.

Crown had asked for at least a month in jail, but the judge has instead handed Kirkwood a 30-day conditional sentence.

His lawyer Jonathan Waddington says Kirkwood is no danger to others. “He was drunk. He did this. He wasn’t looting. It’s one particular event. He’s the lowest end of the scale, and he’s a good guy other than that.”

Waddington says Kirkwood is an alcoholic as a result of post traumatic stress disorder from being the victim of a violent crime a few years ago.

“Some people thought he was a different guy, and they beat the heck out of him. As a result of that, he suffered from this syndrome, and as a result of that he became involved in alcohol, and as a result of that, at the time of the riot, he did what he did.”

Kirkwood was the first man to try to fight his charges at trial, arguing he was too drunk to be held responsible.

The 26-year old was found guilty of mischief and taking part in a riot, as well as later breaching his bail.