Whitehorse Daily Star

Judge orders man assessed before sentencing

A Yukon man who has pleaded guilty to a string of assaults is being assessed as a dangerous or long-term offender while he awaits sentencing in the Whitehorse jail.

By Justine Davidson on November 15, 2010

A Yukon man who has pleaded guilty to a string of assaults is being assessed as a dangerous or long-term offender while he awaits sentencing in the Whitehorse jail.

In territorial court Friday, Kevin Marcus Pahtayken admitted to assault causing bodily harm, assault with a weapon and assaulting a peace officer.

The first offence was committed just hours after Pahtayken was released from jail on May 22, 2009.

The 43-year-old man was visiting a friend in the Kopper King trailer park when he started arguing with the friend's roommate, saying he owed Pahtayken money.

Then, "without provocation,” Pahtayken started slapping and punching the man.

When he fell to the ground, Pahtayken began kicking him. The victim remembers his head being banged into a wooden cupboard, as well as being struck in the head with a wooden cribbage board and a wallet chain.

The man said he did not fight back, and when his roommate attempted to stop the attack, Pahtayken also punched him.

The statement indicated Pahtayken was drunk and did not remember all the details of the attack outlined by the victim.

The victim was eventually able to escape his own home and reported the attack to police.

Six days later, Pahtayken was still at large and returned to the Kopper King home, this time to drink with his friend. After a while, the friend asked Pahtayken to leave, which he did, only to return several hours later demanding money.

He admitted to kicking and punching his friend and using a metal table leg to "menace” his victim.

The man was drunk and went in and out of consciousness during the attack, the court heard, and Pahtayken left while the man was unconscious.

When he finally came to, the victim was able to crawl to a window and call for help. He was taken to Whitehorse General Hospital and treated for a fractured arm, hand and leg.

Pahtayken was arrested later that morning when the RCMP saw him beating up on a man in front of the government liquor store.

Since his arrest, Pahtayken has been kept behind bars, but not out of trouble.

On Oct. 9, 2009, guards at the Whitehorse Correctional Centre were called to the central cell block, where Pahtayken was being housed with three other men. The room was flooded with water and at least two of the men seemed to be very drunk.

Pahtayken and another inmate, Michael Nehass, said they had "drank a 40” and demanded "a microwave, hookers and dope,” according to the statement of fact.

Of the two other inmates, one appeared to be sleeping and the other seemed very frightened, the guards reported.

They entered the flooded room when Nehass began punching the sleeping man.

Both Pahtayken and Nehass were shirtless and slippery from the water filling the room, and the three guards had trouble getting them under control.

In the ensuing fracas, Nehass punched one guard so hard he broke his nose, causing the splintered bone to slice through the skin. That guard also suffered a fractured leg in the melee.

Pahtayken shoved the female guard into the bars, causing her to strike her head, and pulled another guard into a bear hug before he was subdued.

The guards found the remains of a "home-brew setup” in the cell, the court heard.

In June, Nehass was sentenced to three years for aggravated assault and assaulting a peace officer, but was given time-and-a-half credit for time served and was permitted to stay at the territorial jail for the remaining two years of his term.

Pahtayken, however, will likely be looking at a stint in a federal penitentiary. He has already served at least two federal prison terms, in B.C. and Alberta.

Pahtayken's name has also come up in a pair of obstruction of justice cases over the summer.

Two of Pahtayken's former cell mates were convicted of calling the Kopper King resident and threatening to harm him if he testified against Pahtayken, but Pahtayken himself was not charged in either of those cases.

After accepting the agreed statements of fact, Judge Michael Cozens ordered a dangerous or long-term offender assessment.

A person deemed a dangerous offender can be kept in prison indefinitely, while a long-term offender can be kept under the court's supervision for up to 10 years.

Comments (6)

Up 0 Down 0

R.C on Nov 18, 2010 at 2:36 am

Curious, it would be ideal to be able to house them separately, the only problem currently is that there is no room to do so. The current jail is overcrowded and the people working in it are trying their best to accommodate the prisoners, but it really is a struggle to juggle so many. They're hoping with the new jail that such a solution will be plausible.

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curious on Nov 16, 2010 at 3:12 pm

I have to say They would not get away with this in Saskatchewan. Send them here our Judges appear to do better....

Shame Shame Shame...

house them all separate...... never out together......

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Arn Anderson on Nov 16, 2010 at 3:43 am

They sent others to the pen for way less. Busted with a joint, sent to the pen, but if you are busted with violent crimes all you get is a easter basket full of hopes, dreams and broken promises.

But once again, todays judges reflect the values of todays society, so don't complain.

Up 1 Down 0

dmg on Nov 16, 2010 at 1:08 am

I wonder how the judge feels after letting Nehass stay in the territory when he should of been sent to the pen.The whole thing about him trying to turn his life around and that he had a rough childhood was just a crock, obviously he has no intention of trying to do something positive with his life.The other loser should be banned from returning to the Yukon, one less low life to watch out for.

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shelly on Nov 15, 2010 at 11:35 am

sounds like those inmates belong in prison out of the yukon territory.

Up 0 Down 0

a former victim. on Nov 15, 2010 at 9:27 am

What a couple of looooooosers!

Have fun in the big house.

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