Leader Staff
For South Peace News
Harvey Wayne Nahachick, 52, from Atikameg, appeared by CCTV from Peace River Correctional Centre in Slave Lake Court of Justice July 19 and pleaded guilty to assault, failure to comply with a release condition, and three charges of failure to appear.
Crown prosecutor Serge Etan-Ndu withdrew seven other charges.
Court heard on Oct. 16, 2021 at around 9:20 a.m., High Prairie RCMP were called to a domestic disturbance in Atikameg, said the Crown. Nahachick pushed his wife against the wall, bent her hands backward, and put his hands on her neck as if to strangle her. He then took her prescription to use for himself.
Nahachick was released from custody the next day with conditions which included to have no contact with his wife and to not go to her residence.
However, on Jan 10, 2022, the RCMP went to a residence to speak with Nahachick’s wife, court heard. Nahachick opened the door. The officer asked to speak with his wife. Nahachick went into the back of the house. The officer heard yelling. The wife came to the door. The officer asked to speak with Nahachick. The officer arrested Nahachick for failure to comply.
Nahachick did not attend three separate docket days resulting in charges.
Nahachick is Indigenous, his defence lawyer Derek Renzini, told court. He had a stable upbringing, but experience some intergenerational trauma from his parents having attended Indian residential school. He has a Grade 10 education. For most of his life he has worked as a carpenter and has no issues with alcohol. However, a few years ago he was injured, so now he is dependent on prescription pain medications such as Tylenol 3.
Nahachick had been in custody for 22 days, so with credit for 1.5 days for each day, he had 33 days of presentence custody.
The Crown asked for 60 to 90 days for assault, five days for failure to comply, and increased punishment for the failures to attend: $300, three to five days, and 10 days.
The defence asked for time served for the assault and fines.
It was Nahachick’s first time in jail. He has a “relatively short” and dated record.
Assistant Chief Justice D.R. Shynkar sentenced Nahachick to 30 days for assault and five days concurrent for the breach of the no contact condition, which equalled time served. He was fined $1,100 ($300, $400, plus $400) for failure to attend court three times.
Time to pay was granted to March 13, 2024.