Whitehorse Daily Star

‘I’m gonna get my gun and shoot you,’ abuser said

A Watson Lake man has been sentenced to 30 months in jail for beating his girlfriend.

By Rhiannon Russell on July 31, 2015

A Watson Lake man has been sentenced to 30 months in jail for beating his girlfriend.

Randy Lutz, 29, appeared in territorial court Wednesday afternoon before Judge Michael Block.

He entered guilty pleas to assault causing bodily harm, uttering threats and breaching his probation.

With credit given for time spent in pre-sentence custody, Lutz will serve an additional 19 1/2 months, keeping him at the Whitehorse Correctional Centre.

The sentence was a joint submission by Crown prosecutor Eric Marcoux and Lutz’s lawyer, Melissa Atkinson.

According to an agreed statement of facts, in the early hours of Jan. 1, 2015, Lutz’s then-girlfriend was drinking at her father’s house in Watson Lake.

Lutz arrived at 6 a.m. and asked her to come drink at his dad’s place.

She said no and he “went psycho,” Marcoux said.

He pulled her off the couch by her arm, kicked her in the head, pulled her out of the house by her arms and dragged her down the front steps.

When they neared his aunt’s house, she ran toward it, screaming and banging on the window.

Lutz chased her and pulled her down by her hair, Marcoux said.

The aunt came out of the house and witnessed him kick and punch the woman.

She told him to “settle down and smarten up,” and he replied: “I’m gonna get you. I’m gonna get my gun and shoot you.”

The victim was still yelling for help when Lutz took off, Marcoux said.

Lutz was on probation at the time for assaulting his girlfriend in 2011, and one of his conditions was to have no contact with her.

In a statement, Lutz said he was drunk on a couple of 26-ounce bottles of whisky and doesn’t remember the assault nor even meeting with his girlfriend that night.

But he doesn’t dispute what happened, Atkinson said. His aunt viewed part of the assault, and photos show the injuries the woman sustained after the attack.

Lutz wrote an apology letter to the two women, Atkinson said.

Marcoux pointed to the man’s “extensive” criminal record, with at least six previous violent crimes.

Two years ago, he was sentenced to 32 months in jail for kidnapping the same woman involved in this assault.

The circumstances were similar to this case: he attempted to drag her from her sister’s house when she refused to leave with him one night in 2011, but the sister stopped him.

Later that night, he returned to the home, pushed his way in, dragged his girlfriend downstairs and into his car, and took her to their apartment.

Atkinson said Lutz is Kaska, and struggles with cognitive deficits.

She said she had concerns about him serving his time in federal prison, which would remove him from his community and supports in the Yukon.

Sentences longer than two years send an offender to prison.

The joint submission remedies that concern, she said.

Block agreed to impose the 30-month sentence.

“You have the classic Gladue background of family violence and alcohol,” he said.

He was referring to a 1999 Supreme Court of Canada decision that set out sentencing principles for aboriginal offenders, a response to the overrepresentation of aboriginal people in jails across the country.

“I have to temper the sentence I’m giving you but it has to be a serious sentence,” Block said. “You have a history of serious crimes.”

Lutz told the court he’s been drinking since he was a teenager. He’s tried to quit, but falls back into old ways.

“I’m trying to stay away from people who drink,” he said, but it’s difficult because many of the people in his life do.

“I try, but I don’t know. I know I’ll fail.”

Block sentenced him to 30 months for the assault, six months concurrent for uttering threats and four months concurrent for the probation breach.

Following that, he’ll be on probation for three years.

For the first four months, he must fully abstain from drinking alcohol, and for the first year, he must abide by a curfew.

He’s not allowed to communicate with his girlfriend nor his aunt.

Lutz is also banned from possessing firearms for life.

He must pay $600 in victim fine surcharges.

Comments (15)

Up 2 Down 1

Josey Wales on Aug 6, 2015 at 1:01 pm

hmmm...zero counter points from "whomever" but a personal attack?
I can take it, no sweat...just curious as to how that happens when I still get edits when on topic/within context?
...forgot, "media party"....silly me eh?
looking a the very askew down numbers on topics of domestic terrorism, seems the victim industry has its minions working.
yup villify "Josey"...instead of addressing the moose in the room.
what a moron, we are a sty and gladue sucks...a hat trick of facts.

Up 4 Down 5

Josey, go away! on Aug 6, 2015 at 10:10 am

Dear Josey,
How were you ever overlooked for community leadership?
"sty of a Whitehorse"?????? byebye, I'll give you a ride to Greyhound.

Up 12 Down 59

Josey Wales on Aug 5, 2015 at 10:56 am

@northern me....thanks for that, we need much more speaking as you do.
that said, ever Google " excuse me, there is a moose in the room"?

funny how that type of talk from the author...and even yourself (I suspect this topic to be taken down soon) that upsets the well staged narrative...seems to be of little interest to the media party and the victim industry....imagine?

good on ya northern me...with respect, Josey

Up 68 Down 19

CJ on Aug 3, 2015 at 11:10 pm

Oh, knock it off. Everybody. What are we, medieval?

Up 81 Down 1

Northern Me on Aug 3, 2015 at 9:18 pm

Makes me sick, I'm a proud young Aboriginal man and call bull*&^%!!! Coward.......Yet another "poor me" victim story. We have enough stigmas to deal with and I'm afraid this is yet another story that paints us all with those very broad strokes!

Look I am a guy that comes from the rez, same poverty, same addictions (once upon a time), surrounded by violence - but remember, there's always a choice! Trust me.............I know.............. incredibly successful now because of a single choice!

Unfortunately for all of us...........we're all going to read one day that this man has taken a life, its clear we're already headed in this direction......... then what!!! Good call judge............ piece of advice...........Gladue should be used on a case-by-case basis not for repeated violent offences obviously this isn't the answer............ fed time is (then we'll see who the tough guy really is!!) Funny...... sure not tough if two + is on the horizon.

What's even more obvious is that this community has done nothing and will continue to do nothing, but lets keep him close so he can heal, Right.........my aX^%!!! Hmmm........ I recall a similar story of a Chief (in that traditional territory) not so long ago, but he's now a leader again so it must be o.k.... right?!

See that's the problem to few male role models in our communities, the cycle continues because the men refuse to stand up and say enough is enough and take back our communities, protect our women and children!! Don't you see................ when will you get this..............our children are watching.................

Missing and Murdered Aboriginal Women........ I wonder why that is!!!!!!!!!!!!!!!! WAKE UP WATSON LAKE BEFORE ITS TOO LATE!

Up 75 Down 191

Yukon 56 on Aug 2, 2015 at 9:25 pm

Block agreed to impose the 30-month sentence.

“You have the classic Gladue background of family violence and alcohol,” he said
What if it were a white person raised In the same community ?

Up 74 Down 192

Yukon 56 on Aug 2, 2015 at 5:57 pm

Do you think this person works and is a productive member of his community?

Up 57 Down 186

Yukon 56 on Aug 2, 2015 at 5:56 pm

All criminals should be sentenced alike, no more preferential treatment. Poor me is a joke

Up 33 Down 192

Josey Wales on Aug 2, 2015 at 8:47 am

Sounds like quite a savage, he does a good job of keeping stereotypes real.
Lifetime ban for firesticks? Very unusual...good on ya judge!
Gladue rears up again eh? Kinda like perpetual motion that gladue?
I now view every "elite" a NCR or walking Gladue case, and when I am faced with a threat from said....as I just was Thursday in (shocker) downtown sty of Whitehorse...I act accordingly ....ready to strike HARD...till threat neutralized.

I dunno maybe I should be culturally sensitive....and carry an axe...instead?

Up 30 Down 131

Groucho d'North on Aug 1, 2015 at 7:01 pm

And many wonder why the federal government did not get enthusiastic about a study to determine how first nation women are going missing or are found murdered. If we but choose to see what is in front of our noses.
Also has anybody else noticed the mob thumbs voting being skewed against any criticism of first nations stories posted here? I wonder what that is all about? One can assume the number of contrary votes means some resonance to the truth?
Truth - what a terrible principle to follow, most-times it makes you a hypocrite.

Up 42 Down 157

north_of_60 on Aug 1, 2015 at 4:42 pm

Another example of racist 'justice'. Special treatment because of race is bigoted and should not be acceptable in a just society.

Up 57 Down 163

Just Say'in on Jul 31, 2015 at 9:49 pm

So I wonder why there is a an overrepresentation of a certain people in the system? Could it be they just won't learn? Could it be they just won't stop injuring and intimidating others in their community? I don't know Just Say"in.

Up 141 Down 341

Yukon 56 on Jul 31, 2015 at 6:47 pm

She said she had concerns about him serving his time in federal prison, which would remove him from his community and supports in the Yukon. WTF, Are you serious? support from his community? It's called ENABLING

Up 85 Down 235

Yukon 56 on Jul 31, 2015 at 4:41 pm

Keep him in the Yukon till released and I guarantee in 6 months he will have committed another possibly worse crime

Up 114 Down 272

June Jackson on Jul 31, 2015 at 3:50 pm

One thing to make a bad choice, then make the same bad choice every day until you go to prison.

I have 0 tolerance for child abusers and women beaters. Wished he had gone away for life.

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