10/21/2013 01:26 EDT | Updated 12/21/2013 05:12 EST

Tim Hortons coin thrower ordered to pay $500 to charity

A New Brunswick man who threw coins at a Tim Hortons employee after she told him he was short 11 cents to pay for his medium double-double has been ordered to pay $500 to a charity.

Roy Gilmore, 49, of Pennfield, was captured on surveillance video during the noon-hour incident last October at a Quispamsis location, a Saint John provincial court heard in early September.

Judge Andrew LeMesurier sentenced Gilmore last week to pay $500 to the Tim Hortons Children's Foundation, which offers camps for children from economically disadvantaged homes.

The court heard that Katelyn Blair took Gilmore's order, then told him the price — $1.70. But Gilmore could only produce $1.59.

Blair testified that Gilmore was "mean" and said: "For all the times I come in and have given you tips, you couldn't even give me a [expletive] coffee."

He took a step to leave, she said, but then threw the coins at her, striking her cheek, her shoulder and another server.

Blair, then 21 years old and a supervisor, reported the incident to the Rothesay Regional Police Force the following day.

Defence lawyer Peter Teed said in court that Gilmore did not intend to hurt Blair.

He didn't throw the money at her, but was throwing it past her, Teed said.

LeMesurier wasn't convinced. He found Gilmore guilty of assault and guilty of violating the conditions of a two-year probation order he was under at the time for a previous offence.

Crown prosecutor Kelly Winchester had been seeking jail time.