Photo by Whitehorse Star
Judge Michael Cozens
Photo by Whitehorse Star
Judge Michael Cozens
A Yukon territorial court judge has sentenced a 20-year-old Watson Lake man to nearly a year in jail after he drank himself "to oblivion” and participated in a gang beating, amounting to aggravated assault.
A Yukon territorial court judge has sentenced a 20-year-old Watson Lake man to nearly a year in jail after he drank himself "to oblivion” and participated in a gang beating, amounting to aggravated assault.
In his ruling, the judge called the act "an inexplicable offence.”
He also commented on the stricter sentencing options he was limited to in the wake of the federal government's tough-on-crime agenda, which reduces judicial discretion in criminal cases.
James Magun, Jr. was "drinking heavily” with two youth and two adults at the skatepark in Watson Lake on Sept. 15, 2012. The group decided to thumb a ride.
"They were picked up by Nevada Vance hitchhiking and they decided, with no provocation and with no reason, to beat him up,” Judge Michael Cozens said in his decision.
The passengers suggested he pull over in front of the house of Gordon Dickson. A man with the last name of Charlie then tripped Vance — his uncle — while Magun, who supposedly came up with the scheme, said, "Let's gang him.”
"The beating started in the yard and Mr. Vance was crawling towards Mr. Dickson's house,” Cozens said.
Dickson emerged from his home and helped Vance inside.
"However, the assault continued as the individuals, without Mr. Dickson's permission, entered into the house and continued to beat Mr. Vance.”
Dickson called the RCMP and told the assailants officers were en route. The five perpetrators began to walk away.
"While they were leaving, the two youth caused considerable damage to Mr. Vance's van.”
The judge called the injuries to the victim "severe and significant. He recalls having to push his eye back into the socket as it had partially come out, and that was while he was crawling to the house.”
Vance's gruesome recollection is backed up by medical evidence: a severe orbital fracture to his eye.
He suffered a concussion, blood clot and "badly lacerated lip which required extensive medical intervention,” notes the ruling from March.
"His eye placement has never returned to normal.”
Vance may require surgery to repair a damaged tear duct.
On top of the assault, Magun breached the terms of his bail on Feb. 21 when he started drinking — he was under an alcohol ban — and tried to start a fight with his father.
The judge noted Magun was 18 when the incident occurred and has no criminal history.
"He is a young First Nations individual whose antecedents frankly provided a completely different picture of the young man who was involved in this absolutely horrific crime.”
Cozens pointed out the numerous letters of support from Magun's educators, co-workers and family and community members.
"It is an absolutely inexplicable offence for this young man to have committed,” he said.
"Magun comes from a family that supports him. He does not come from the kind of dysfunctional home that we often see,” Cozens added.
The judge also addressed the relative rigidity of Prime Minister Stephen Harper's Truth and Sentencing Act, which came into effect in 2010 and upped mandatory minimums, among other provisions.
"I do not have the option before me of a conditional sentence that can be served in the community, due to the amendments to the Criminal Code that have removed that option from me,” Cozens said.
"It may have been that a conditional sentence of a longer period with strict terms could have served the principles of denunciation, deterrence and rehabilitation, but, as I said, that is not an option that is before me.”
Magun received 10 months for aggravated assault and an additional 45 days for the bail breach, minus 21 days for time served in pre-trial custody.
Magun will be subject to a three-year probation on release.
He must abstain from alcohol and drug possession and consumption, avoid bars and off-sales, and take psychological assessment counselling as directed by his probation officer.
A no-contact order with the victim and 100 hours of community counselling will also be required.
Curbing the typical 10-year mandatory firearms ban, the judge authorized authorities to issue Magun a licence to possess a rifle "for the purpose of sustenance hunting.”
Magun hunts seasonally to provide food for his family and elders in the community.
Cozens added that "people who by all accounts seem to be positive members of the community but drink very heavily do not tend to commit these kinds of offences.”
Charlie pleaded guilty to aggravated assault in March 2013.
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Comments (14)
Up 10 Down 0
Bobbi Tronson on May 30, 2014 at 3:25 am
Magun sentence is a slap in the victims face... since he has to live with damages done to him.
The judge called the injuries to the victim "severe and significant. He recalls having to push his eye back into the socket as it had partially come out, and that was while he was crawling to the house.”"His eye placement has never returned to normal.”
Vance may require surgery to repair a damaged tear duct.
Also seems to me that Magun has not learned his lesson he has breached the terms of his bail on Feb. 21 when he started drinking — he was under an alcohol ban — and tried to start a fight with his father.
Jail time does not match the damages done to Mr. Vance... I wonder how he feels about this.
Up 36 Down 0
piper on May 26, 2014 at 3:16 am
What is wrong with people ? No respect for one another at all.Bunch of losers should be locked up for life.
Up 23 Down 0
Arn Anderson on May 23, 2014 at 8:42 am
Life isn't worth anything besides the value you put on yours.
Up 56 Down 0
@Watson Lake Citizen on May 23, 2014 at 6:58 am
Watson Lake Citizen - Make all the excuses you want for Mr. Magun's behavior but, I find what he did to another human being inexcusable.
Don't try to justify his violent behavior by comparing him to others involved for everyone is responsible for their own actions.
Up 8 Down 21
Josey Wales on May 23, 2014 at 5:59 am
gee Bobby...your level of tolerance from one article to another is like bi-polar.
But if he were a plant , he'd get more compassion from you?...ensuring healthier "future generations"..no?
...TOYA can think for us but Michael cannot?
I have views on folks whom lash out criminally, equally unpopular as my thoughts on new-age hippies whom FOAM at the mouth rejoicing with more regulation in our everyday lives...but?
With epic moderation, The PC Crusaders AND the Eco-Nazi's...why even try?
Not my personal soapbox, just a public forum I partake in from time to time, as do you.
Fence? yes indeed we need a fence around town...indeed!
Up 55 Down 1
there's worse on May 23, 2014 at 3:18 am
Take a look at the CBC site and read the article about the man who slapped his daughter so hard she burst an artery in her brain and died. Apparently she did not do her chores correctly. He got 60 days in jail. Life is worth nothing.
Up 59 Down 1
melba on May 23, 2014 at 2:39 am
Watson Lake Citizen, I agree with you completely on one item. The other identities indeed should have been revealed in this article, along with their sentences and plea bargain deals. The public should know exactly who these creeps are.
Up 55 Down 1
bobby bitman on May 23, 2014 at 2:36 am
Ten months?! This piece of work should have been sentenced to 5 years. You know what? I am really, really glad that Harper upped the mandatory minimums for violent crimes so this judge was forced to do his job and remove this creep from circulation for a period of time. Maybe, just maybe the 3 months or so that he actually has to serve (isn't it 1/3rd of their sentence?), might have some effect on him. This was a horrible crime and the whole crew should be sent to a federal penitentiary where they belong with their brethren. The fact that this punk has a good family does not make his crime more tolerable in my eyes, and my first concern is not his own welfare and 'rehabilitation'. It is deterrence.
Bad call Michael. Harper might get a lot of things wrong but he is right about this one.
Up 75 Down 2
Always a Yukoner on May 23, 2014 at 1:49 am
WOW, a year in jail for beating a innocent man almost to death. What is wrong with this???
At least this punk did not use his upbringing or anything like that to say, it made me do it!!! They just felt like beating someone!!! Seriously................ this victim is now going to have problems the rest of his life because of this. Sue all of those punks!!
What comes around goes around, time will tell! This disgusts me!
Up 63 Down 3
J.C on May 22, 2014 at 11:03 pm
The jail time and the crimes don't match up. The severity of this crime should result in some heavy jail time.This person in the article should have been ordered to spend 10-12 years in prison
Up 62 Down 6
Josey Wales on May 22, 2014 at 10:37 am
"Curbing the typical 10-year mandatory firearms ban, the judge authorized authorities to issue Magun a licence to possess a rifle "for the purpose of sustenance hunting.”..."
I can not believe we are subject to this kind of garbage, after his wrist heals from the wee slap he got?
Let him go traditional when he hunts for 10 years...with a bow.
Up 59 Down 1
Yukon56 on May 22, 2014 at 10:28 am
"I do not have the option before me of a conditional sentence that can be served in the community, due to the amendments to the Criminal Code that have removed that option from me,” Cozens said Are you kidding me?? They beat a man severally - Ask the victim how he feels about the sentence
Up 11 Down 67
Watson Lake Citizen on May 22, 2014 at 8:50 am
Why is this just in the paper now, this young man has been in jail since February. He is 3 months into his sentence. He pled guilty and took full responsibility for his actions. Prior to the night this occurred this young man had never been charged with anything not so much as a speeding ticket, he had never even spent the night in the drunk tank. He graduated for high school and worked in an exploration camp during his summers. He made some bad choices on a bad night and took responsibility. The other adults involved have names to, should I name them. One of them spent 10 months in jail for the same charges after pleading guilty and the other made a deal with the RCMP and Crown and got off. Shame on him for taking no responsibility.
Up 74 Down 0
Clayton Johns on May 22, 2014 at 7:52 am
Friggen little punks, act tough after doing something like that? Nothing but punks only know how to "gang" up on someone! sad sad sad! The only way they can win a fight is if its 4 on 1?