A Teslin man managed to avoid being sent to a federal penitentiary Friday when territorial court judge Karen Ruddy handed down a sentence to Michael Nehass.

It will see him serve another two years less a day at the Whitehorse Correctional Centre for aggravated assault and assaulting a peace officer.

The sentence includes a two-year probation term following the in-custody portion. The judge told Nehass he has a chance to prove he can make the changes in his life he told the court he wants to make.

Ruddy's statement came after Nehass addressed the court himself, once again stating his desire to change his life.

He described being in a situation where he felt like there was a noose getting tighter and tighter. He wants to move on from that, he said.

"I've been to the end of this road,” Nehass stated of the federal system, later adding: "I'd like to see what's on the other road now.”

Ruddy noted her hope that by letting him serve out his sentence in the territory, he would be able to better plan for his release with his community of Teslin.

Any sentence longer than two years is served in a federal facility.

The sentence was actually handed down as a three-year term for the aggravated assault to be served concurrently with a six-month sentence for assaulting the peace officer.

However, the term actually works out to just less than two years with a credit of 1.5 to one for his time in pre-sentence custody.

As Ruddy handed down the sentence, she said that under most circumstances, she would largely look at principles around deterrence and denunciation in considering the sentence.

In this case, however, statements from family, supporters and leaders in Teslin as well as Nehass himself and a marked difference in his behaviour at court persuaded her to also consider his possible rehabilitation.

The aggravated assault dates back to last Oct. 10 during a fight among inmates including Nehass, who had been drinking. Guards were called to the cell and in the fracas that followed, Nehass threw a punch which broke the nose and left a bone poking out through one guard's face.

"The impact of this offence went well beyond the physical,” Ruddy said as she recalled the victim impact statement by the guard.

He stated his child was afraid to come near him due to his appearance and his wife had to take on more of the household responsibilities he would normally handle.

Fewer than two months after that incident, last Nov. 26, Nehass kicked and spat at a jail guard who had taken him to the medical area there after another inmate in the cell next to his lit a fire.

Nehass had been combative with guards before they got him to the medical area, throwing toilet water which contained urine at them.

He resisted their efforts to get him out of the cell until he eventually fell to his knees while smoke was filling the cell.

The situation in the medical area led to the charge of assaulting a peace officer.

A further aggravating factor – though not one Nehass has pled guilty to or seen charges for – was a pre-meditated attack by Nehass and another inmate on one of the other inmates at the jail that saw the victim treated at Whitehorse General Hospital for a puncture wound.

While considering the aggravating factors, Ruddy said she also had to factor in the situations working in Nehass' favour. Those include:

• the change in support of the Teslin Tlingit Council, where Nehass' mother's family is from;

• the help of his family and others in the community who vowed to help him find work, accommodations and deal with his issues; and

• the positive steps Nehass has taken through pleading guilty, turning himself in when a warrant for him was issued, meeting with the guard he injured through the aggravated assault, changes in his court behaviour and recognizing the need to work with RCMP.

Nehass, Ruddy said, appears to finally be recognizing issues that have brought him into conflict with the law.

On the other hand, there's very little in terms of a track record thus far, she said.

"In my view, Mr. Nehass has opened the door,” Ruddy commented. "He has yet to walk through.”

She said she could not simply reduce what she believes would be a fairly lengthy sentence for the crimes.

However, she noted, three years less his time in remand custody would allow him to stay in the territory and better plan for his release with community officials.

The required orders for a DNA sample and 10-year ban on firearms were also made.

In issuing the two-year probation order to follow his jail term, Ruddy placed a number of conditions including that he take whatever drug and alcohol counselling or other counselling required by his probation officer.

"The primary focus is rehabilitation,” Ruddy said.

Nehass has previously stated his desire to take treatment programming after a previous attempt which saw him kicked out of a program in Alberta for exposing himself to a female resident.

As Ruddy recalled though from Nehass' previous statement to the court, that was his first ever effort at such treatment.

Ruddy again thanked the half-dozen or so people who showed up to support Nehass. Most had come from Teslin.

"OK, Mr. Nehass – good luck,” the judge said.